alameda county community development agency

ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY N E I G H B O R H O O D P R E S E R V A T I O N & S U S T A I N A B I L I T Y D E P A R T M E N T

October 1, 2018 STAFF REPORT page 1 of 22

STAFF REPORT: SMP-30 Periodic Review (DeSilva Gates Aggregates Quarry)

TO: Planning Commission

HEARING DATE: October 1, 2018

GENERAL INFORMATION REQUEST: 5-Year Periodic Review for Surface Mining Permit and Reclamation Plan No.

30 (SMP-30) (Sunol Valley Aggregates) (CA Mine ID 91-01-0007)

OWNER: Oliver DeSilva, Inc./San Francisco Public Utilities Commission (SFPUC)

APPLICANT AND PERMITTEE: Oliver DeSilva, Inc. (the “Permittee”)

PROPOSAL: Periodic review for the DeSilva Gates Aggregates Quarry regulated under County of Alameda SMP-30

LOCATION AND SIZE OF PARCEL:

The SMP-30 quarry site is on approximately 381-acres located at 6527 Calaveras Road, approximately 1 mile south of Interstate 680 (I-680) in the Sunol Valley portion of unincorporated southern Alameda County. The site is bounded by San Antonio Creek to the north, Alameda Creek to the west, and Calaveras Road frontage to the east. To the immediate north across San Antonio Creek and to the immediate west across Alameda Creek is the Mission Valley Quarry, which is currently being operated by Lehigh-Hanson. The site is included within two separate Alameda County assessor’s parcels: portions of Assessor Parcel Number (APN) 096-0080-008 and APN 096-0375-011-05. (See Attachment A, “Quarry Location”)

ZONING: “A” (Agricultural)

GENERAL PLAN DESIGNATION: Water Management (East County Area Plan)

ENVIRONMENTAL REVIEW:

Class 9 (Inspections) Categorical Exemption (California Environmental Quality Act [CEQA] Guidelines § 15309).

PURPOSE OF PERIODIC REVIEW

Section 6.80.190 of the County of Alameda (County) Surface Mining Ordinance (SMO) authorizes the process of periodic reviews of each surface mining permit (SMP) and reclamation plan issued in the County. This code section specifies that the planning commission shall review SMPs and approved reclamation plans. This permit review considers new or changed circumstances within the general area of the mining operations. The review includes a public hearing as specified by SMO Section 6.80.150. At the conclusion of the public hearing, the planning commission may modify the permits or reclamation plans to conform to this chapter, and such modified permits or plans shall be binding upon the operation. This requirement is also reflected in the existing Condition 5 of SMP-30, which requires the County Planning Commission (Planning Commission) to review mine compliance with the permit and reclamation plan.


Condition 5 of SMP-30 requires:

At approximately five year intervals after approval of SMP-30 beginning on or about July 16, [proposed to be revised to be July 1st], the Planning Commission shall review compliance with the SMP-30 Surface Mining Permit and Reclamation Plan, and consider any new or changed circumstances that should be accommodated by the permit or plans. The review shall include a public hearing by the Planning Commission. Permittee shall pay actual cost of reviews. As a result of this process, the Planning Commission may modify the Mining or Reclamation Plan or guarantees thereof to conform to the ACSMO [SMO], and such modified permit or plan shall be binding upon the operation.

The permittee submitted their condition compliance report on June 30, 2017, for SMP 30. Thus, the permittee met this schedule for 2017. In addition, the permittee has submitted three letters from: (1) Save our Sunol (September 11, 2014); (2) Save our Sunol (October 12, 2017), and (3) the Center for Biological Diversity and the Alameda Creek Alliance (December 12, 2017). These letters commend the permittee for its cooperation with the conservation agreement, cooperation with the 2010 quarry lease agreement, a tour of the Sunol facilities, and a confirmation that no community concerns have been raised for the past 5 years. These letters are provided in Attachment B, “Permittee Support Letters.”

In conjunction with Condition 5 of SMP-30, SMO Section 6.80.190 provides the parameters the Planning Commission is to follow when conducting a periodic review. This section provides one basic test:

Are there new or changed circumstances within the general area of the mining operations that should be accommodated by SMP-30?

After providing a thorough description of the DeSilva Gates Aggregates Quarry’s present operations and mining and reclamation status, this staff report will convey an analysis addressing the basic test and staff’s proposed revisions to the conditions of approval.

STAFF RECOMMENDATIONS

Staff recommends that the Planning Commission:

a) review this staff report, the documents submitted by the Permittee, and any new information presented at the public hearing;

b) take public testimony; c) barring any substantial new information presented that would require additional analysis or

restrictions, approve the 5-year review for SMP-30 subject to the existing and amended conditions of approval in the attached resolution (Attachment C, “Draft Resolution and Conditions of Approval”); and

d) approve a notice of exemption that concludes that the proposed actions are categorically exempt from CEQA.

PARCEL ZONING HISTORY

The majority of the quarry site (approximately 381 acres) has been mined continuously for sand and gravel since 1958. The original SMP applicable to the site was SMP-22, which permitted mining to a depth of 125 feet. In 1986 the Planning Commission approved SMP-26 for this site, superseding SMP-22. SMP-26 allowed for an increased mining depth (to 140 feet) and an extended expiration date (to 2021). SMP-26 was further amended in 1987 to allow a 7-acre material stockpile south of the entrance. In 1992,


the Planning Commission approved SMP-30, which allowed for a 45-acre mining expansion on the northeastern corner of the property near Calaveras Road. The Planning Commission reviewed and approved an expanded initial study and mitigated negative declaration for the SMP-30 expansion on October 19, 1992. A renewed lease for the SMP-30 quarry, revised SMP-30, and further revised SMP-30 provides opportunities to avoid and significantly reduce many of the potential impacts of SMP-17 mining operations by siting facilities within the SMP-30 site, an area already affected by past quarrying and with little habitat value for sensitive wildlife.

In 2007, the SFPUC requested proposals for future mining expansion through a revision of SMP-30 and entered into an exclusive negotiating agreement with Oliver de Silva, Inc. (ODS).

In 2010, the SFPUC executed a quarry lease agreement with ODS. The lease includes the currently active quarry site of 323 acres permitted under SMP-30 and an additional approximately 58-acre area along the southeast boundary of the current SMP-30 site. Quarrying operations are permitted through July 16, 2042, or upon completion of reclamation, whichever occurs first.

SITE AND CONTEXT DESCRIPTION

The DeSilva Gates Aggregates Quarry site is situated on approximately 381 acres at 6527 Calaveras Road, approximately 1 mile south of I-680, in the Sunol Valley portion of unincorporated southern Alameda County. The site is bounded by San Antonio Creek to the north, Alameda Creek to the west, and Calaveras Road frontage to the east. To the immediate north across San Antonio Creek and to the immediate west across Alameda Creek is the Mission Valley Quarry. The site is included within two separate Alameda County assessor’s parcels: portions of APN 096-0080-008 and APN 096-0375-011-05. An existing driveway provides direct access to the SMP-30 plant site and load-out area. This driveway is acceptable at its existing location for continued operations of the plant. As operations expand, an additional access driveway would be installed south of the existing driveway.

QUARRY DESCRIPTION

Overview

The site is currently undergoing active sand and gravel extraction. Mining operations include sorting and producing various aggregate materials. Raw aggregate materials (sand and gravels) are extracted from the active mining pit (South Basin) in the southern portion of the site. Extracted raw materials are hauled to the main plant for processing. The material product is hauled to various locations throughout the Bay Area. A 58-acre expansion was approved in July 16, 2012.

Plant Operations

As the raw aggregate materials are extracted from the active mining pit, they are hauled to the plant for washing, crushing, and sorting. This operation involves stockpiling raw materials near the plant, where a loader then delivers this raw material to the processing plant. At the processing plant, a number of operations are performed to clean and sort the raw materials into processed aggregates:

• Raw materials are typically washed with water to initially separate out the silt, sands, and aggregate.

• Larger rocks are often crushed to make smaller, production-size aggregate. • The washed and crushed aggregates are then passed through a series of screens and conveyors,

which further sort the aggregate by size.


• At the end of the screening and separation process, the sorted aggregates are lifted via conveyor belts and dumped into sorted stockpiles of pea gravels, various aggregate sizes, and sand.

• Loaders then fill haul trucks with fully sorted aggregate depending on the ordering requirements at the time. These materials are then weighed and hauled to construction sites, ready-mix cement plants, and asphalt plants.

Reclamation

Reclamation of the site will take place as soon as practical following completion of mining operations. Reclamation plans must address provisions for the disposal of overburden and mining waste, restoration of streams and watershed diversions, regrading and revegetation of the site, and maintenance of water quality standards. Reclamation will allow use of the site for SFPUC water storage, watershed management, and potential recreation (trails). At completion, the expanded quarry pit is expected to result in approximately 23,000 acre-feet of water storage. Additional storage could be provided by mining deeper than 225 feet, as may be feasible. Existing bare soils within the site will be revegetated to control erosion.

Financial Assurances

The Permittee prepared an updated financial assurance cost estimate (FACE) totaling $410,254.88 (dated September 2017). The County confirmed that this amount was adequate. The County provided this FACE to the California Division of Mine Reclamation for its review and approval. The comment period passed and DMR provided no comments; therefore, the 2017 FACE was approved on February 14, 2018. The FAM has been updated to $410,300. Copies of the current FACE and FAM are on file at the County’s offices at 224 Winton Ave in Hayward, California.

STAFF ANALYSIS

Pursuant to SMP-30 Condition 5 and Section 6.80.190 of the SMO, the Planning Commission is required to consider new or changed circumstances as part of this periodic review. Staff conducted a site visit and reviewed California Surface Mining and Reclamation Act (SMARA) annual inspections, condition of approval annual reports, and compliance with all conditions of approval and the reclamation plan. As a result of this review, the following subsections describe the new and changed circumstances within and near SMP-30 since the permit was revised to increase the excavation area by 58 acres and extend the permit for 30 years, which took place in 2012. The complete results of the review of all conditions of approval (including unchanged circumstances and conditions in which compliance has been confirmed) is provided in Attachment D, “Sunol Aggregates SMP-30 Conditions of Approval—Compliance Statement Matrix.”

Revised Condition of Approval Organization

As part of administering the County’s SMARA program, staff has found that certain issues are common to most SMPs, and each SMP contains different and sometimes inconsistent conditions of approval. The inconsistency of these conditions of approval creates management, compliance, and enforcement difficulties related to interpreting conditions of approval and County SMO and SMARA requirements. To ensure consistent management, compliance, and enforcement of each SMP and a consistent and effective SMARA program in Alameda County, staff recommends that all periodic reviews and SMP and reclamation plan amendments (as they are completed) be revised to contain a consistent set of conditions of approval, referred to as “general conditions.” These general conditions will allow for consistent interpretation of the County’s SMARA compliance requirements and administrative steps. In addition, each SMP will still include conditions that are specific to each SMP, which will be referred to as “site-specific conditions.” General conditions will be named, for example, “Condition G-#,” and numbered


sequentially, starting with 1. Site-specific conditions will be named, for example, “Condition S-#,” and numbered sequentially starting with 1. All conditions have been renumbered, but staff provides a brief rationale regarding only each new or revised condition of approval in the analysis below.

General Conditions Regarding Mining Operations

These conditions of approval are the same or similar in several SMPs and have been collected and standardized to create consistent language for all SMPs. These general operational conditions may have minor revisions regarding regulatory updates and/or point of contact changes, as indicated in Table 1, “Current and Proposed Condition Numbers.” This section discusses general operational conditions that are either new or have substantial revisions.

The next 10 general conditions are newly created conditions of approval.

Conditions of Approval Apply to Both the SMP and Reclamation Plan Issue: The County and its County Counsel consider the SMP and the reclamation plan separate entitlements. To avoid confusion in the future, Condition G-1 has been added as a new condition to state that the Permittee agrees that the SMP and reclamation plan are considered separate entitlements. This new general condition was added to make it clear that conditions of approval that are contained in the SMP may apply either to the mining operations and/or reclamation plan activities.

Recommendation: The following condition is recommended for addition to the conditions of approval:

Condition G-1: The surface mining permit and the approved reclamation plan are separate land use entitlements. These collected conditions of approval apply to the surface mining permit and/or reclamation plan, which control surface mining operation, as appropriate.

Obtaining Necessary Permits Issue: Based on various interpretations of the County’s permit process (e.g., building and grading permits) and sequence of permits necessary to operate mines located in the County, Condition G-2 has been added to state the Permittee must obtain all necessary permits related to mining operations and site-specific conditions. As long as the SMP or the reclamation plan includes site-specific grading requirements, the County’s general grading requirements do not apply. If the operator needs additional permits from the County that are not included in the reclamation plan to construct any buildings or structures, this condition makes it clear that the operator must still obtain these permits.


Condition G-2: The County of Alameda Grading ordinance exempts grading that is in accordance with plans incorporated in an approved surface mining permit and/or reclamation plan. If explicitly addressed in the approved reclamation plan or plans incorporated therein, no grading permit for reclamation-related grading activities or facilities necessary to implement reclamation plan and surface mining permit requirements are required, unless the County has other permitting requirements above and beyond the grading ordinance. The Permittee shall obtain any necessary building permits or public works permits prior to the construction of any buildings or structures.

Updated Reclamation Plans Issue: Historically, permittees’ SMPs and reclamation plans have periodically undergone


modifications, either through amendments or periodic reviews. These processes have resulted in the County updating conditions of approval and the permittees revising their reclamation mapping. However, uniform updates have not been made to applicable mine and reclamation mapping, which would have ensured all revised conditions of approval have been incorporated into applicable documents. County staff recommends a new 60-day requirement to allow the County and permittees to incorporate revisions into updated permit and reclamation plan mapping. This new requirement provides the County and the permittees a reasonable amount of time to update applicable requirements and related maps.

Recommendation: Staff recommends Condition G-3, which will require the Permittee to update its reclamation plan maps to incorporate revisions that are required by a reclamation plan or SMP amendment or revision, enforcement action, and annual and/or periodic review. Therefore, the following condition is recommended for addition to the conditions of approval to ensure that the Permittee’s SMP and reclamation plans are up to date and contain all necessary revisions and updates that occur during the life of the operations:

Condition G-3: Within sixty (60) days of approval of any modification or amendment to the reclamation plan, the Permittee shall update the reclamation plan for Surface Mining Permit 30 to incorporate any changes in the conditions of approval. The updated reclamation plan shall supersede previous versions of the reclamation plan.

Notice of Approval Issue: This new general condition has been added to ensure that the County files the appropriate notice of approval pursuant to SMARA. In addition, this condition requires that the operator provide the County a draft notice of approval within 30 days of approval of the resolution.


Condition G-5: Within sixty (60) days of this resolution being approved, the County is required to file a notice of approval for the reclamation plan, as required by Surface Mining and Reclamation Act Section 2772.7. The Permittee shall provide a draft notice to the Community Development Agency (CDA) within thirty (30) days of this resolution being approved and shall subsequently assist the CDA with recordation of the notice, including the payment of all fees associated with recordation.

Statement of Responsibility Issue: Staff recommends that the Planning Commission revise the statement of responsibility requirements to clearly explain that the responsibility for reclaiming the mining site shall run with the land under the permit.


Condition G-8: The Permittee and/or operator shall provide and, if necessary, shall update written statement(s) that they accept responsibility for reclaiming the site as indicated on the reclamation plan, as approved, and shall guarantee all reclamation to ensure the permanency of physical reclamation features. The statement of responsibility shall be in a form determined by the Community Development Agency Director or Designee.


Transfer of Ownership Issue: This new general condition requires the transfer of ownership to be consistent with SMARA and requires the Permittee to update the County so that the County has the current point of contact information based on staff changes and ownership transitions. In addition, this condition refers to the operator as defined by Public Resources Code Section 2731, which provides: “‘Operator’ means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.”


Condition G-9: The Permittee shall comply with Public Resources Code Section 2773.1(c) if the surface mining operation is sold or ownership is transferred to another person. The new Permittee and or operator, as defined in Public Resources Code Section 2731, as amended, shall not commence operations until they have submitted the required statement of responsibility and the County has approved new financial assurances in accordance with the Surface Mining and Reclamation Act and the County of Alameda Surface Mining Ordinance. The Permittee shall maintain on file with the (Community Development Agency) CDA Director or Designee the name and phone number of the person responsible for compliance with the SMP and reclamation plan. A backup name shall be provided, and a phone number for 24-hour emergency contact shall also be on file. The Permittee shall update the CDA Director or Designee as to any changes in this contact information immediately upon staffing or contact information changes and confirmed as part of its annual conditions of approval report.

Suspended Mining Operations Issue: In addition to the interim management planning procedures provided in the SMO and SMARA, staff recommends that the Planning Commission adopt conditions G-10(a) and G-10(b). G-10(a) merely restates the interim management plan requirements codified in the SMO and SMARA. G-10(b) would require the Permittee to provide documentation of compliance with its SMP and reclamation plan if operations are suspended for any reason for longer than 180 days. This will allow staff to ensure that reclamation obligations are in place without having to wait for 1 year after the suspension of mining operations. This process also provides an opportunity for the Permittee to confirm that it is in full compliance with applicable requirements.

Recommendation: The following conditions are recommended for addition to the conditions of approval:

Condition G-10:

Condition G-10(a): The Permittee shall comply with the Surface Mining and Reclamation Act regulations pertaining to idle mines and the County of Alameda Surface Mining Ordinance if surface mining operations are suspended.

Condition G-10(b): If surface mining operations are suspended for longer than one hundred eighty (180) days, the Permittee will notify the Community Development Agency Director or Designee. Such notice shall provide an explanation of why operations are suspended and how the site will be maintained while operations are suspended. If suspension is longer than twelve (12) months, the Permittee shall file a report documenting compliance with SMARA, the County of Alameda Surface Mining


Ordinance Section 6.80.230, as amended, and its surface mining permit and reclamation plan with the Community Development Agency Director or Designee.

Termination of Mining Operations Issue: Under SMARA and SMO, the operator is not required to mine the entire site as authorized in its SMP and described in the approved reclamation plan. Therefore, in the event that the Operator decides to cease operations and commence reclamation prior to the completion of mining and reclamation as specified in the approved reclamation plan and surface mining permit, staff recommends adoption of new Condition G-13, which requires the Permittee to submit an application to the Community Development Agency Director or Designee that describes revisions to the reclamation plan and reflects site conditions accurate as of the date of the termination request.


Condition G-13: If the Permittee wishes to terminate its mining operations prior to the completion of mining and reclamation as specified in the approved reclamation plan and surface mining permit, the Permittee shall submit an application to the Community Development Agency (CDA) Director or Designee for revisions to the reclamation plan and shall submit a revised reclamation plan that reflects site conditions accurate as of the date of the termination request. If the proposed revisions to the reclamation plan are found to be substantially consistent with the Surface Mining and Reclamation Act and the provisions of these conditions of approval, and are deemed minor modifications, the CDA Director or Designee may approve or conditionally approve the revised reclamation plan. If proposed revisions to the plan are not considered minor, a modification to this surface mining permit and reclamation plan is required pursuant to Section 6.80.120 of the County of Alameda Surface Mining Ordinance.

Financial Assurance Issue: This new general condition has been added to ensure that the permittee complies with the most recent FACE requirements. This condition supersedes existing Condition 8.


Condition G-14: Prior to commencing surface mining operations related to this surface mining permit, the Permittee shall provide a financial assurance in accordance with County of Alameda Surface Mining Ordinance (SMO) Section 6.80.241 and all applicable provisions of the Surface Mining and Reclamation Act (SMARA), including any regulations or guidelines promulgated thereunder, and these conditions of approval by providing a mechanism for financial assurance of reclamation as described in, and in accordance with, SMARA (as amended), and the SMO (as amended).

Administrative Fees Issue: This new general condition ensures that operators that are no longer active continue to contribute their fair share of the County’s administrative costs to implement the SMO, SMARA, SMP, and their reclamation plan requirements.



Condition G-15: The Permittee shall annually pay the cost of the County’s implementation and administration of the County of Alameda Surface Mining Ordinance (SMO) for this surface mining permit (SMP) by fees required by SMO Sections 6.80.100 and 6.80.242. Should the Permittee cease mining activity and, as a result, not incur administrative fee liability in accordance with SMO Section 6.80.242, and/or pay an administrative fee that is less than all costs associated with the County's lead agency responsibilities for this SMP under the Surface Mining and Reclamation Act (SMARA), reasonable costs, including those associated with the SMO, shall be borne by the Permittee, and, as required by SMO Section 6.80.100 and SMARA. Costs incurred by the County regarding new permits, modifications to permits and/or reclamation plans, periodic reviews, inspections, administration, and enforcement related to this SMP shall be borne by the Permittee. While implementing the SMO and/or SMARA the Community Development Agency Director or Designee is expressly authorized to utilize his or her own employees, other agencies, and/or private consultants, as necessary, to assist with the County’s lead agency responsibilities and to conduct and carry out third-party review(s) of operator-generated technical reports (e.g., geotechnical, groundwater). Reasonable costs associated with such third-party consultants shall be borne by the Permittee.

Minor Modifications Regarding General Conditions In addition to the above new general administrative conditions, the following general conditions have been adapted from other SMPs and updated with minor revisions. No substantial changes have been made regarding the intent of these general conditions:

• Proposed G-4 is the existing Condition 3. • Proposed G-6 is the existing Condition 6. • Proposed G-7 is the existing Condition 18. • Proposed G-8 is the existing Condition 7. • Proposed G-11 is the existing Condition 4. • Proposed G-12 is the existing Condition 5.

Dust Control Plan Issue: The County, CEMEX, and Vulcan received and responded to reports generated from Livermore residents in 2015, 2016, and 2017 about dust impacts in areas surrounding mining operations. To ensure that all operators in the County are treated equally and to demonstrate that the County is committed to ensuring that fugitive dust is reduced to the extent required by Bay Area Air Quality Management District (BAAQMD) regulations, the County has required the Permittee to submit a fugitive dust control plan to the County for review and approval. A copy of dust control plans for this and other mines located within the County are available online at http://nps.acgov.org/npsdust.page.

Recommendation: The following condition, while previously added to conditions of approval for other SMPs, is now recommended for addition to the SMP-30 conditions of approval. Staff is not recommending submittal of a dust plan at this time because operations will not begin until 2030 at the earliest.

Condition G-18: Fugitive Dust Control Plan: The Permittee shall prepare, keep updated, and implement a plan for controlling dust on-site in compliance with the surface mining permit conditions of approval and applicable Bay Area Air Quality Management District requirements. The dust control plan shall apply to the entire site (e.g., excavation areas,


processing plants, concrete batch plants, the recycling plant, roadways on-site, and parking lots). The Permittee shall provide the most current dust control plan to the County.

Visual Screening Issue: Visual impacts are evaluated in the SMP-30 Revised Use Permit, Sunol Valley Aggregate Quarry Project, Environmental Impact Report (2012), which contains adequate project design elements and mitigation measures, which have been incorporated into the approved reclamation plan and conditions of approval for SMP-17 (Conditions S-15 and S-40). Potential future visual impacts as mining and reclamation progress under the existing approvals, or caused by modification of the project site or changed circumstances surrounding DeSilva Gates Aggregates Quarry, are to be evaluated for consistency with the intent of the CEQA analysis and associated mitigation measures. The County will review this potential for future visual impacts in both the Permittee’s annual compliance report required by G-11 and during the County’s periodic review as required by G-12. Existing mining and reclamation activities under existing approvals, as well any project revisions or changed circumstances, would then be reviewed to ensure that existing project design elements or conditions of approval adequately address the intent of these commitments and conditions or approvals (i.e., to ensure that aesthetic impacts of the project are less than significant).

Nonetheless, G-21(a) and (b) are added to reflect SMO requirements to ensure that operators comply with all fencing and screening requirements. G-21(b) is a new general condition that was added to mirror SMO language in Section 6.80.210(e). This condition requires compliance with Section 6.80.210(D) regarding screening. In addition, the operator designed operations at SMP-30 to screen operations.

Recommendation: The following conditions are recommended for addition to the conditions of approval:

Condition G-21(a): Fencing: Fencing for surface mines shall be designed and installed in order to preserve the health, safety, and welfare of the public, including pedestrians, motor vehicles on public and private ways, and all persons and uses on adjacent lands. In areas where surface mine operations are located within wildlife movement corridors, fences shall be designed to permit passage of wildlife with minimal hazard. Fences may be of any reasonable description that fit these criteria. The fence type proposed for the surface mine shall be submitted with the mining plan for review and approval by the planning commission. Gates shall be the same height and type as the approved fence, shall be installed at all points of vehicular or pedestrian ingress and egress, and shall be kept locked when not in regular use.

Condition G-21(b): Screening of Operations: All mining and reclamation activities shall be in accordance with Section 6.80.210(D) of the County of Alameda Surface Mining Ordinance, as amended.

Freeboard Requirements Issue: This general condition has been slightly modified to reflect current state laws regarding freeboard.


Condition G-24: The driver of a weighed vehicle loaded beyond current State of California maximum legal weight limits shall be notified and requested to reduce the load to the legal


weight. If loaded material is subject to dust generation, drivers shall either: (1) ensure loads are kept a minimum of six (6) inches below freeboard or (2) cover their loads with tarps prior to departure from the quarry. All loaded vehicles shall be required to cross over a material shakedown area with berms, bumpers, or ditches provided. Haul roads and loading areas shall be paved, oiled, or watered to maintain a dust-free condition.

Attenuation of Impacts Related to Lighting Issue: This new general condition has been added to create consistent requirements regarding attenuation of light impacts. Many of the current SMPs have similar language; therefore, Condition G-25 merely harmonizes and updates the language to refer to applicable SMO sections.


Condition G-25: Unless more site-specific conditions have been required by an approved surface mining permit or other binding document approved by the County, mine operations in the County must comply with the following specifications:

a) The Permittee shall install only full cutoff-shielded lights for general illumination of areas of the plant sites areas and shall simultaneously replace all existing nonshielded lighting with full-cutoff fixtures. The lowest wattage lamps reasonable for illumination of the area of concern shall be used.

b) Security lighting shall be installed no higher than necessary to illuminate the area of concern for security, safety, or visual comfort, and lighting shall be directed toward the area of concern, and always below the horizontal angle of light.

c) Permittee shall not position night lighting to illuminate areas beyond the site boundaries, nor shall the Permittee position general lighting to radiate above the horizontal angle of light, but shall place lights or install shielded lights to illuminate only the area of concern.

d) For any lighting on areas nonessential for safety, security, or active operations, the Permittee shall place new lights on a motion detector circuit so illumination only occurs when required for occasional visibility.

e) Permittee shall utilize lights that do not exceed levels compatible with the site and adjacent land uses, as required by the County of Alameda Surface Mining Ordinance Section 6.80.210.

Propriety Information Issue: This new condition has been added to specify that new technical studies that are prepared as documentation of compliance with conditions of approval are required to be made publicly available pursuant to the California Public Records Act, unless they are exempt from disclosure because they contain propriety information pursuant to Section 2778 of the Public Resource Code.


Condition G-26: Any reports, studies, surveys, or analysis required as a condition of approval and/or required by a related legal settlement that are submitted to the Community Development Agency shall be made publicly available via the processes prescribed by the California Public Records Act, as amended, unless those items are proprietary and/or exempt


from disclosure under the California Public Records Act and Section 2778 of the Public Resources Code.

Recycling Facilities Issue: This new condition has been added for mining operations that have recycling operations and facilities to identify specifications for documenting the type and volume of recycled material. This new condition also ensures that recycling operations comply with regulations pursuant to the Alameda County Waste Management Authority and Alameda County Environmental Health Department and with the applicable exemption for the Inert Debris Solid Water Permit requirements as provided in California Code of Regulations Title 14, Section 17380.


Condition G-27: Within sixty (60) days of approval, and by July 1 thereafter, the Permittee shall submit a description of materials processed at the recycling plant, including annual volume, how they are used, annual sales and absorption, and sales and administrative fees paid to the Community Development Agency Director or Designee. In addition, the Permittee shall document compliance for use and storage of inert construction debris as regulated by requirements of the Alameda County Waste Management Authority and Alameda County Environmental Health Department and document that it is operating the recycling facility in compliance with the applicable exemption for the Inert Debris Solid Water Permit requirements as provided in California Code of Regulations Title 14, Section 17380, et seq., as may be amended.

Administrative and Regulatory Updates

Staff is recommending that conditions of approval be updated to reflect (1) new condition numbers based on the addition of general conditions, (2) new contact information, (3) new SMARA and/or SMO citations, and (4) new general conditions that replace the deleted conditions. The proposed resolution (Attachment C) provides the proposed revisions in tracked changes to facilitate the Planning Commission’s review. The proposed underline and strikethrough text for all SMP-30 conditions is not provided in the text of the staff report. The full text of the conditions is located in Attachment C. In addition, Table 1 shows the existing and proposed condition number and provides a summary of the type of proposed condition change (i.e., regulatory update, point of contact update, content update, deleted or new general condition).

TABLE 1 CURRENT AND PROPOSED CONDITION NUMBERS

Current Condition Number Proposed Condition Number Action 1 S-1 – 2 S-2 – 3 G-4 NGC 4 G-11 NGC 5 G-12 NGC 6 G-6 NGC 7 G-18 NGC 8 G-11 NGC


Current Condition Number Proposed Condition Number Action 9 G-11 NGC

10 G-8 NGC 11 S-3 POC 12 S-4 POC 13 S-5 POC, R 14 S-6 C 15 S-7 POC 16 S-8 POC, C 17 S-9 C 18 G-7 NGC 19 S-10 – 20 S-11 POC 21 S-12 POC 22 S-13 POC 23 S-14 – 24 S-15 POC 25 S-16 – 26 S-17 – 27 S-18 – 28 S-19 – 29 S-20 – 30 S-21 POC 31 S-22 – 32 S-23 – 33 S-24 – 34 S-25 POC 35 S-26 POC 36 S-27 POC 37 S-28 POC 38 S-29 C, POC 39 S-30 – 40 S-31 – 41 S-32 – 42 S-33 – 43 S-34 – 44 S-35 – 45 S-36 – 46 S-37 –


Current Condition Number Proposed Condition Number Action 47 S-38 – 48 S-39 – 49 S-40 C 50 G-25 NGC 51 S-41 POC 52 S-42 POC 53 G-19 NGC 54 S-43 – 55 S-44 POC 56 S-45 – 57 S-46 – 58 S-47 – 59 S-48 POC 60 S-49 – 61 S-50 POC 62 S-51 – 63 S-52 – 64 S-53 – 65 S-54 – 66 S-55 – 67 G-22 NGC 68 S-56 – 69 S-57 – 70 S-58 – 71 S-59 POC 72 S-60 – 73 S-61 – 74 S-62 – 75 S-63 – 76 S-64 POC 77 S-65 – 78 S-66 – 79 S-67 – 80 S-68 POC 81 S-69 – 82 S-70 POC 83 S-71 POC


Current Condition Number Proposed Condition Number Action 84 S-72 POC 85 S-73 – 86 S-74 – 87 S-75 – 88 S-76 – 89 S-77 – 90 S-78 POC 91 S-79 – 92 S-80 – 93 S-81 – 94 S-82 – 95 S-83 – 96 S-84 – 97 S-85 – 98 S-86 POC 99 S-87 –

100 S-88 – 101 S-89 POC

– S-90 NSC – S-91 NSC

Notes: D = Deleted; C = Content Update; R = Regulatory Update; POC = Point of Contact Update; NGC = New General Condition; NSC = New Specific Condition.

Site-Specific Conditions

Revised Condition 16: Conservation Plan Issue: As described in the revised conditions of approval associated with SMP-30, the Permittee will undertake the conservation measures in the conservation plan to enhance habitat for special-status species near the SMP-30 site. The conservation measures in the conservation plan will significantly reduce the potential impacts of DeSilva Gates Aggregates Quarry mining operations on native wildlife species and their habitats, provide further mitigation for unavoidable biological impacts, and benefit special-status species and their habitats near the project. This conservation plan provides conservation and habitat enhancement measures for new special-status species, including enhancement of Alameda Creek, to benefit and help restore fish and aquatic wildlife; specific conservation measures for rare species; funding to conservation groups for monitoring and implementing this conservation plan; funding for regional restoration projects; and support for conservation efforts for special-status species and their habitats in the Alameda Creek watershed.

Recommendation: Staff recommends that the Planning Commission adopt a revised Condition 16, which incorporates the cross-referenced requirements regarding protections for biological resources as discussed above. This periodic review includes new conditions that were previously incorporated by reference from the conservation plan. These new conditions are not new or revised information from the conservation plan; rather, they are incorporated into the proposed Condition S-8 (currently


Condition 16) to combine all requirements in one document. Staff recommends updating the numerical sequence from Condition 16 to S-8 and updating point of contact information. The full text of the condition is located in Attachment C.

Revised Condition 17: Community Improvement Fund Issue: Condition 17 requires that:

Commencing ten (10) days after the ‘Approval’ of SMP-30, the Permittee shall pay the total sum of $50,000 per year to a Community Improvement Fund established by the County of Alameda for the benefit of Sunol. These payments shall be made and adjusted as follows: the annual payment amount shall begin at $50,000 per year with no adjustment for a period of five years; increased by two percent (2%) per year for years six through ten; and commencing on the tenth anniversary of Approval of SMP-30, adjusted annually by the increase (if any) of the Consumer Price Index – All Urban Consumers (or equivalent substitute index) during the immediate preceding year. The purpose of the Community Improvement Fund will be to enhance the community environment of Sunol though projects initiated by the community that will enrich and enhance the environment for the residents of Sunol. The Sunol Citizens’ Advisory Committee (SCAC) will facilitate implementation of the Community Improvement Fund program by overseeing the application process, evaluating proposals for funding and making recommendations to the County based on Alameda County-established criteria and guidelines. All proposals reviewed by the SCAC and submitted to the County shall be placed before the Board of Supervisors for its final determination.

The Permittee submitted the first payment to the Alameda County Neighborhood Preservation & Sustainability in October 2016 and submitted the second payment in November 2017.

Recommendation: Staff recommends a minor revision to delete text pertaining to the timing mechanism that triggers the start of payment. Because the Permittee has already made payments into the fund subsequent to the approval of the revised SMP, this text is no longer applicable. Staff also recommends updating the numerical sequence from Condition 17 to S-9. The full text of the condition is located in Attachment C.

Condition 24: Landscape Planting, Irrigation and Maintenance Plan Issue: Condition 24 requires, “The Permittee and the County shall re-assess the Landscape Planting, Irrigation and Maintenance Plan (Plan) required pursuant to the 1992 SMP-30 Conditions of Approval for the landscape buffers along Calaveras Road to determine what additional plantings are necessary to achieve the condition’s objectives of visually filtering and softening views of the site....” An ongoing plant disease issue called Phytophthora has caused the Permittee to delay updating the Plan until SFPUC, the California Department of Fish and Wildlife (CDFW), and the Permittee have developed a plan to address the Phytophthora issue. The Permittee is working with SFPUC and CDFW to update and revise the Plan to address the Phytophthora plant disease issue. Based on requests from the CDFW, the existing revegetation palette is no longer suitable for the existing site conditions. Thus, SFPUC is revising the revegetation palette.

Recommendation: Staff has no recommendations regarding the content of this condition. The SFPUC anticipates publishing a public review draft of the plan in 2018. Therefore, implementation of this condition is delayed until a suitable planting replacement plan is provided to the County to review and the County determines if further action is required. Staff recommends updating the numerical sequence from Condition 24 to S-15 and updating the County point of contact information. The full text of the condition is located in Attachment C.


Condition 30: 100-Foot Setback from the Top of Quarry Slopes Issue: Condition 30 requires that, “A setback of 100 feet, or no closer than existing setbacks where such existing setbacks may be less than 100 feet, shall be provided from the top of the quarry slope to the transmission tower foundations.” This was an existing condition adopted from the former operator, CEMEX (formerly RMC Pacific Materials).

As noted in the 2016 compliance review summary, one northern tower has a less than 100-foot setback from the former quarry floor or the current silt pond slope. The setback appears to be only 40 feet from a former pit. However, as noted in the condition, this setback was an existing setback that was established based on the prior operator mining in this area. Thus, the Permittee inherited this setback and is therefore consistent with this requirement. The slope is stable and is decreasing in height over time. The pit is currently being backfilled and eventually that slope will no longer be there as the pit becomes full of waste material (pond fines/slimes, tailings, and overburden). In addition, the Permittee had a geotechnical engineer perform an annual inspection. The resulting geotechnical inspection report indicated that no slope or instability issues exist on-site. The slope has been determined to be stable, as described in the geotechnical report dated August 16, 2017, prepared by Berlogar Stevens & Associates. The pit is currently being backfilled and compacted as it is brought to grade with stable material. Further, the Pacific Gas and Electric Company owns the tower, performed regular and recent inspections of the towers on-site, and found no problems.

Recommendation: Based on the prior operator mining within 40 feet of the tower and the most recent site conditions documented above, staff has no recommendation and believes that the Permittee is in conformance with this condition. Thus, staff has no recommendations regarding the content of this condition. Staff recommends updating the numerical sequence from Condition 30 to S-21 and updating the County point of contact information. The full text of the condition is located in Attachment C.

Revised Condition 38: Annual Fire Plan Issue: Condition 38 requires that, “An annual fire plan shall be prepared and filed with the State Division of Forestry to mitigate fire hazards.” The 2016 condition compliance report stated that the 2017 periodic review will confirm the correct fire protection agency. Accordingly, staff confirmed that the site is located in a State Responsibility Area. Therefore, the California Department of Forestry and Fire Protection (CAL FIRE) and state regulations are enforced. CAL FIRE personnel from the Sunol Fire Station respond to this mine. Staff from the Fire Prevention Office at the Alameda County Fire Department (ACFD) plan check projects on behalf of CAL FIRE (per e-mail correspondence with Bonnie Terra, Division Chief, ACFD, on January 3, 2018).

Recommendation: Staff recommends revising the condition to explain the relationship between CAL FIRE and ACFD so that the Permittee and site inspectors clearly understand the role of each agency in the event that a revised or augmented fire plan is required. Staff also recommends revising this condition to update the numerical sequence from Condition 38 to S-29. The full text of the condition is located in Attachment C.

Condition 47: Site Fencing Issue: Condition 47 requires, “The perimeter of the property shall be fenced and the fence shall be maintained in good condition. A fence along the boundary of Alameda Creek shall be installed following lease approval by the SFPUC.” The site is currently fenced. However, installation of the fence for the boundary of Alameda Creek is pending completion of the Sunol Valley Restoration Plan.


Recommendation: Staff has no recommendation and believes that the Permittee is in substantial conformance with the intent of this condition. Thus, staff has no recommendations regarding the content of this condition. Staff recommends updating the numerical sequence from Condition 47 to S-38. The full text of the condition is located in Attachment C.

Condition 80: Sunol Valley Restoration Plan Issue: Condition 80 requires that the Permittee develop and implement a native tree and shrub planting enhancement plan for specific areas of San Antonio Creek and Alameda Creek. The SMP-30 mine site is being leased on property owned by the SFPUC. The Permittee and other quarry leaseholders in the Sunol Valley are contributing toward the preparation of a Sunol Valley restoration plan. This particular parcel is owned by SFPUC; thus, the Permittee must ensure that the enhancement plan is consistent with the requirements of the Sunol Valley restoration plan. As of the date of the publication of the staff report, the Permittee is still waiting for SFPUC to develop this plan.

Recommendation: Based on staff’s communications with Tim Ramirez, director of natural resources for Water Enterprise, a division of SFPUC, staff understands that SFPUC anticipates publishing a public review draft of the Sunol Valley restoration plan in fall 2018. Staff has no recommendation and believes that the Permittee is in substantial conformance with the intent of this condition. Staff recommends updating the numerical sequence from Condition 80 to S-68. Staff also recommends updating the County point of contact. The full text of the condition is located in Attachment C.

New Condition S-90: Weather Protection Shelters for Shop and Equipment Repair Areas Issue: On February 7, 2018, the Permittee submitted a request to install two temporary prefabricated shelters to be installed over and attached to two existing shop/equipment repair areas. The manufacturer designs and engineers these “covers” to provide protection from all weather conditions for employees working in adverse conditions. These two shop/equipment repair areas are near the Permittee’s aggregate plant and asphalt plant (see Attachment F, “Weather Protection Shelters”). These areas consist of fabrication/work tables with no shelter from rain, sun, and heat, surrounded on three sides by sea containers. (Sea containers contain parts, equipment, and tools). The current lack of weather protection over these existing work areas poses several operational challenges for the Permittee and its employees. In the summer, having no weather protection for these areas presents a potential heat illness hazard. In the winter, no shelter hampers the Permittee’s employees’ ability to do repairs and maintenance because of exposure to rain and muddy conditions. In addition, sheltered weather protection would allow the Permittee to relocate the existing steel storage under cover to protect the material from the weather. The shelters consist of an engineered metal truss system covered with a polyethylene fabric. The fabric material allows natural sunlight to illuminate the work area underneath so that lights would not have to be installed.

These covers would be attached to the tops of the sea containers and are easily relocatable for when the plants are relocated during in the second phase of the Permittee’s operation. The Permittee has committed to providing full stamped engineered drawings by the manufacturer.

Recommendation: On February 26, 2018, staff’s consultant, Benchmark Resources, conducted a site visit of the two locations for the proposed covers. On the basis of the site inspection and viewing of the locations from Calaveras Road, staff’s consultant determined that both of the existing shop locations are to the west of their respective plants. The plants and stockpiles would significantly screen the views of these covers from Calaveras Road. As noted above, the Permittee would relocate the shop areas when the asphalt plant and aggregate plant are relocated during future operations. Therefore, to ensure that the new locations would not create adverse visual impacts, and to guarantee that the costs of removal of these covers are appropriately addressed, staff recommends that the Planning Commission adopt the following new condition of approval:


Condition S-90: As part of its annual financial assurance cost estimate (FACE), the Permittee shall include the full cost of removal of the weather protection covers in its FACE and associated financial assurance mechanism. In addition, the Permittee shall submit a letter application to the Community Development Director or Designee prior to relocating the covers and shall provide the location of the covers and document compliance with all applicable conditions of approval and County of Alameda Surface Mining Ordinance requirements regarding visual screening. The Permittee must obtain from Alameda County Public Works, Building Inspection Division, and all agencies having jurisdiction for each and every installation and relocation, all required approvals, reviews, permits, and inspections for the shelter engineering, design, and installation.

New Condition S-91: Commencement of Mining at SMP-17 Issue: As part of its permitting of SMP-17 and SMP-30 sites, ODS committed to the County that it if ODS desires to request the County’s permission to convey material from its SMP-17 site and process it at the SMP-30 site, such request would be subject to an updated CEQA compliance review. As stated in the conservation plan, if and when the revised SMP-30 and an extended lease for the SMP-30 site are approved, ODS will seek approval for the revised SMP-17 project from the lead agency, the County. ODS will request any needed modifications to the County’s zoning requirements and conditions of approval to incorporate the changes in the project and the avoidance, mitigation, and conservation measures for the revised SMP-17 contained in this conservation plan (Apperson Ridge Conservation Plan SMP-17 Site; December 18, 2008; page 25). That option was not incorporated into the conditions of approval for SMP-30. The intent of this condition is to provide ODS the option to pursue this option while ensuring that such activities are evaluated pursuant to CEQA and are consistent with applicable County zoning and SMO requirements.

Recommendation: To codify options outlined in the conservation plan, which have been codified in Condition S-8, above, staff recommends that the Planning Commission adopt Condition S-91.

Condition: S-91: In conjunction with progressive reclamation and subsequent to the cessation of mining and the Permittee obtaining appropriate zoning that will authorize the processing of imported materials at SMP-30 that are mined at SMP-17, the Permittee shall file an application to amend SMP-30’s reclamation plan, complete reclamation, and provide the County a letter stating its intent to commence mining at SMP-17 prior to any anticipated activities. This order of events will ensure that the County can complete review of the documentation required by the conditions of approval and prepare the applicable compliance document required by the California Environmental Quality Act (CEQA) before the date the Permittee desires mining operations to begin. Pursuant to CEQA Guidelines Section 15162(a), any further CEQA evaluation will be limited to revisions related to changed circumstances, new information, new impacts, and/or more severe impacts that were not included in the prior CEQA evaluation. The Permittee shall not operate at SMP-17 until the compliance document discussed herein is approved. Should the Permittee file an application to revise SMP-30 or SMP-17, a CEQA document shall be prepared to evaluate the proposed revisions prior to commencing any operations at the sites.

Condition Numbering and Organization

Issue: Condition numbering and organization has substantially changed based on staff recommendations. The new numbering and organization are provided in Table 1, above.

Recommendations: County staff recommends revising the numbering of the remaining and proposed conditions sequentially, as reflected in Attachment C.


September 19, 2018 Sunol CAC Meeting

On September 19, 2018, the Director and the County’s consultant, Benchmark Resources, attended the Sunol Citizen's Advisory Committee meeting for an informational presentation of the Periodic Review Staff Report and obtain any comments from the Committee and Community to present to the Planning Commission. The presentation outlined the purpose of the periodic review, general information about the site and operations, Surface Mining and Reclamation Act and Surface Mining Ordinance considerations and provided a summary of general and site specific conditions of approval. After this short presentation, the Director solicited comments from the public and the Sunol CAC membership. The following subsections provide a summary of the issues raised and staff’s response.

Financial Assurance Cost Estimate and Mechanism Issue: Sunol CAC Member Connie DeGrange asked how the County can ensure there is enough resources available to complete reclamation at the Quarry.

Staff Response: The Director noted that the Operator is required to post an estimate of what would be required to reclaim the site for activities planned over the next twelve months at the site. The County’s consultant, the Director and the Department of Conservation’s Division of Mine Reclamation (DMR) then review that estimated, which is called a Financial Assurance Cost Estimate (FACE), to determine its adequacy. Once the amount has been approved, the Operator is required to post Financial Assurance Mechanism, typically a bond or rider to a bond, equal to or greater than the FACE amount. Both the County and DMR can access the FAM should reclamation be required at the site.

CONFORMANCE WITH GENERAL PLAN

Measure D

Measure D, passed by the voters of the County in November 2000, places strict limits on where new mine excavations may be conducted. The text of Measure D, Policy 144, in so far as it applies to quarries, reads as follows, “Except to the extent required by State law, no new quarry or other open-pit mine may be approved by the County outside the Urban Growth Boundary, unless approved by the voters of Alameda County. Excavation not adjacent to an existing quarry site and on the same or an adjoining parcel shall be regarded as a new quarry.” This 5-year periodic review request is mandated by the County Code and SMARA. No new or expanded mining operations are proposed. Therefore, Measure D neither prohibits nor requires voter approval for this review.

SMP-30 is located within the Alameda County General Plan, East County Area Plan (ECAP) diagram in an area designated as Water Management. Continuation of the previously approved mining and reclamation activities associated with SMP-30 would, therefore, as was determined in 1973 via Planning Commission Resolution No. 148753, be consistent with the land use intent for the quarry site, as described by the ECAP. Additionally, continuation would not conflict with Measure D, as passed by the voters of the County in November 2000 and as subsequently incorporated into the ECAP.

ENVIRONMENTAL CONSIDERATION

This 5-year periodic review is exempt from environmental review under CEQA pursuant to CEQA Guidelines Section 15309, which states that “activities limited entirely to inspections to check for performance of an operation, or quality, health, or safety of a project” do not have a significant effect on the environment and are, therefore, exempt from the provisions of CEQA.


CONCLUSION

Sand and gravel extraction is expected to continue, as authorized and according to market demand, until the respective permit expiration. During and after the mining period, reclamation activity will occur. At conclusion of this 5-year periodic review, the Permittee will continue to provide annual progress reports and updated financial assurances for reclamation activities.

Staff recommends that the Planning Commission adopt the attached draft resolutions (Attachment C).


ATTACHMENTS

A. Quarry Location

B. Permittee Support Letters

C. Draft Resolution and Conditions of Approval

D. Sunol Aggregates SMP-30 Conditions of Approval—Compliance Statement Matrix

E. Fugitive Dust Control Plan [On file with County; please contact Bruce Steubing at 916-983-3379 for box.com instructions to access an electronic copy]

F. Weather Protection Shelters

A complete copy of this document is available for review upon request at the Community Development Agency, 224 West Winton Avenue, Hayward, California.

PREPARED BY: Benchmark Resources, Contract Consulting Firm

REVIEWED BY: James Gilford, Director

October 1, 2018 STAFF REPORT

ATTACHMENT A

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LEGEND

Quarry LocationSMP-30 PERIODIC REVIEW, SUNOL AGGREGATES

Attachment A

SOURCE: ESRI World Shaded Relief 2016; ESRI World Streetmap 2009; compiled by Benchmark Resources in 2018

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ATTACHMENT B

September 11, 2014

Mr. Jim Summers, Vice President Oliver de Silva, Inc. P.O.Box 2922 Dublin, CA 94568

Dear Mr. Summers:

On behalf of Save Our Sunol, I would like to thank you and your colleague for hasting representatives of SOS for a tour of your new facilities in Sunol. We were all very impressed with the changes that have occurred and see it as a vast improvement over what was there previously. The whole environment was one of order, efficiency, and calm. It was amazing that so few individuals were running such a large undertaking in such a smooth manner. The design was clean and the absence of dust and excessive noise was very noticeable. You and your company should be very proud of the positive impact that you have had on Sunol. SOS would like to thank you for your professional and sensitive relationship during the long process of discussions leading up to our agreement. We hope that the fmal approvals that you have been working on will soon be completed. It has been a pleasure for us to work with you and on behalf of the Community we thank you for building such a positive addition as represented by your new facilities.

Si e~el~m./ 1mO'~

SOS Vice President

October 12. 20 17

Mr. James G1lford A~enc} Oeput> D1rector Commumt} Oc\.clopment Agency 224 West Wmton A\.c, Room 205, flu> wnrd Ca 94544

Dc<lr Mr G1Jford

Ul.t I 7 JQIJ

A<:. Sunol commumty member~ \\-hO negotlatcd the agreement w1th Olt"er de Sliva :md lX !Iva Gates Con,tructton as It relates to the Sunol quarry, we \\Ould hJ..e to strongly commend them lOr an outstandmg j Ob of stewardship of the environment and lhe operation of the f3cllit) in our commun1h The opernt1on ic; an e'Xnmple of a large mdu..,tnal entcrpnsc that IS anrncti\.c, effic1ent, clean nnd c;tatc.: of the art technology There ha\e been no concerns ex,.-es.sed m the commumty during their first fhe (5) }eats of o~'flltion

Sunol has benefited significant!} from the contnbuuon~ from Ohver de S1lvd and DeS1h a Gate Con\truetion and we cons1der them to be support1"e members of our comrnunit} We \\ere \et)' apprcc1nll"e for the opporturuty to \\Orf.. \\lth J1m Summers O\ier lhe past few years to develop th1s posmve workmg reJnuomh1p We.: thank them for their \\lllingnc s to work w1th us and look forward to a conunued pos1tave relauonstup

- ,

Sincerely.

/ {..;. -,t

· /;tu~ Pot Sttllman,(i;OS Prc..'SI •nt

~~ftj 1u4 rt.ugh ' ~;.p,..>d<nl Cop) to

Oli\crde S1ha and DcSil\n Gates Construction Attcn: Jun Summc.'T5.

~ijh.< Derek Jo ~on .~a!dMember

December 12, 2017 Mr. James Gilford, Deputy Director Community Development Agency 224 West Winton Avenue, Room 205 Hayward, CA 94544 Re: SMP-30 5-Year Review Dear Mr. Gilford: The Center for Biological Diversity and the Alameda Creek Alliance write regarding Alameda County’s 5-year review of Sunol Valley Aggregate Quarry Surface Mining Permit SMP-30 operated by DeSilva Gates. Our organizations have had a productive and positive partnership with Oliver de Silva Inc. since we signed a cooperative conservation agreement in 2008 regarding the SMP-30 mining operation. Oliver de Silva has been working closely with our organizations and local agencies to coordinate the habitat restoration and conservation actions in our conservation agreement. Planning is moving forward for significant fish passage and habitat restoration projects by Oliver de Silva along Alameda Creek. Oliver de Silva continues to fulfill all of their commitments in our conservation agreement. We also note that Oliver de Silva has been working diligently with the San Francisco Public Utilities Commission to meet the terms and conditions of their 2010 quarry lease agreement with the SFPUC. Oliver de Silva also continues to work and communicate effectively with their neighbors in the town of Sunol, along with their ongoing contributions to the Sunol Community Improvement Fund. In sum, Oliver de Silva has been a good conservation partner and exemplary tenant and operator of the SMP-30 lease. If you have any questions, please contact Jeff Miller of the Alameda Creek Alliance at (510) 499-9185 or [email protected]. Sincerely,

Peter Galvin Jeff Miller Director of Programs Director Center for Biological Diversity Alameda Creek Alliance

mailto:[email protected]


ATTACHMENT C

Draft Resolution and Conditions of Approval Surface Mining Reclamation Plan SMP-30 1 of 29

THE COUNTY OF ALAMEDA PLANNING COMMISSION

HAYWARD, CALIFORNIA

RESOLUTION NO. 18-___ - AT MEETING HELD OCTOBER 1, 2018

SURFACE MINING PERMIT AND RECLAMATION PLAN

CASE NO. SMP-30

Introduced by Commissioner TBD

Seconded by Commissioner TBD

WHEREAS Surface Mining Permit and Reclamation Plan Case No. 30 (SMP-30) was approved by the Planning Commission on June 4, 1964, by Resolution 108027, and amended on May 31, 1973 (resolution 148753), July 7, 1986 (resolution 86-44), July 6, 1987 (resolution 87-38), November 16, 1992 (resolution 92-32), May 20, 2002 (resolution 02-13), August 19, 2002 (resolution 02-19), and July 16, 2012 (resolution 12-14), the Planning Commission has subsequently amended SMP-30 at previous public hearings; and

WHEREAS the County Neighborhood Preservation & Sustainability Department has conducted a 5-Year Periodic Review of previously permitted aggregate extraction and reclamation activities on approximately 381-acres located at 6527 Calaveras Road (portions of Assessor’s Parcel Numbers 096-0080-008 and 096-0375-011-05) approximately 1 mile south of Interstate 680 in the Sunol Valley portion of unincorporated southern Alameda County; and

WHEREAS Section 6.80.190 of the County Surface Mining Ordinance requires periodic review of surface mining permits and reclamation plans to consider new or changed circumstances within the general area of mining operations; and

WHEREAS current Condition No. 5 of SMP-30 requires the Planning Commission to review compliance with conditions of the SMP-30, considering any new or changed circumstances within the general area of mining operations that should be accommodated by the plan; and

WHEREAS the County Surface Mining Ordinance designates the Planning Commission as the decision-making body for surface mining permits and reclamation plans, including the periodic review requirements of Section 6.80.190, subject to appeal to the Board of Supervisors; and

WHEREAS this Planning Commission accepted and reviewed the Sunol Aggregates SMP-30 Conditions of Approval—Compliance Statement Matrix for the July 1, 2016, to June 30, 2017, period; the 2016 Surface Mining and Reclamation Act inspection report by County staff, dated August 2, 2017; and the Planning Commission staff report dated October 1, 2018 (collectively referred to as the “Review Documents”); and

WHEREAS the Planning Commission has reviewed and accepted the general conditions that will assist the County in administering the Surface Mining and Reclamation Act and the Alameda County Surface Mining Ordinance and their incorporation into SMP-30; and

WHEREAS the Planning Commission accepted the renumbering of conditions of approval; and


WHEREAS the Planning Commission has reviewed and accepted incorporation of the past and current commitments that the Permittee made in the SMP-30 Conservation Plan as a cross-reference document, as noted in Condition 16 (S-8), and

WHEREAS the Planning Commission has reviewed and accepted a new site-specific condition pertaining to weather protecting shelters for shop and repair areas; and

WHEREAS this Planning Commission held a duly noticed public hearing to conduct a 5-year periodic review of Surface Mining Permit and Reclamation Plan 30 (SMP-30) at the hour of 3:00 p.m. on Monday the 1st day of October 1, 2018, in the Public Hearing Room of the County Building, 224 West Winton Avenue, Hayward, California; and

WHEREAS the periodic review of SMP-30 has been reviewed in accordance with the provisions of the California Environmental Quality Act and found to be categorically exempt pursuant to California Environmental Quality Act Guidelines Section 15309 (Inspections) because the periodic review consists of an activity limited entirely to the inspection of the subject mining operation; and

WHEREAS the Review Documents, testimony submitted in writing and at the public hearing, and other items in the public record have been considered by the Planning Commission prior to this action; and

WHEREAS this Planning Commission does find that under conditions of approval listed in Exhibit A below, SMP-30, as modified below, conforms to the requirements of:

(a) the County Surface Mining Ordinance; (b) the East County Area Plan; (c) the public health, safety, and welfare; and

WHEREAS it is the finding of this Planning Commission, based upon said review, that Permittee is in compliance with SMP-30 and all conditions thereof; and

WHEREAS it is the finding of this Planning Commission that the continuation of SMP-30, with amended conditions, is in the public interest for the reason that it is consistent with County plans, policies, and ordinances for surface mines in Alameda County; and

WHEREAS this Planning Commission finds that permit condition changes are identified as follows below: strikethrough text denotes deletions, underline text denotes additions.

NOW, THEREFORE,

BE IT RESOLVED that this Planning Commission accepts and approves the Section 15309 categorical exemption as the valid environmental review documentation for the 5-Year Periodic Review; and

BE IT FURTHER RESOLVED that this Planning Commission does hereby recognize as adequate and complete the required 5-Year Periodic Review of SMP-30, does hereby adopt the Review Documents as findings in support of this Resolution and incorporate said Review Documents herein by this reference, and does hereby modify the conditions of approval for SMP-30, as set forth in Exhibit A to this resolution, showing added language underlined and deleted language struck out.


EXHIBIT A

DRAFT CONDITIONS OF APPROVAL

SURFACE MINING RECLAMATION PLAN SMP-30

SUNOL VALLEY AGGREGATES QUARRY

Added language is shown as underlined; deleted language is shown as struck out.

Where there is conflicting language or specifications between a general condition and a site-specific condition, the site-specific condition shall supersede the general condition. Similarly, site-specific conditions that are the result of a site-specific permit agreement and/or a legal settlement shall prevail.

GENERAL CONDITIONS

GENERAL ADMINISTRATIVE:

Condition G-1: The surface mining permit and the approved reclamation plan are separate land use entitlements. These collected conditions of approval apply to the surface mining permit and/or reclamation plan, which control surface mining operation, as appropriate.

Condition G-2: The County of Alameda Grading ordinance exempts grading that is in accordance with plans incorporated in an approved surface mining permit and/or reclamation plan. If explicitly addressed in the approved reclamation plan or plans incorporated therein, no grading permit for reclamation-related grading activities or facilities necessary to implement reclamation plan and surface mining permit requirements are required, unless the County has other permitting requirements above and beyond the grading ordinance. The Permittee shall obtain any necessary building permits or public works permits prior to the construction of any buildings or structures.

Condition G-3: Within sixty (60) days of approval of any modification or amendment to the reclamation plan, the Permittee shall update the reclamation plan for Surface Mining Permit 30 to incorporate any changes in the conditions of approval. The updated reclamation plan shall supersede previous versions of the reclamation plan.

Condition G-4: Mining and reclamation shall conform to the County of Alameda Surface Mining Ordinance and Surface Mining and Reclamation Act as amended, except as hereinafter more specifically provided.

Condition G-5: Within sixty (60) days of this resolution being approved, the County is required to file a notice of approval of the reclamation plan approval, as required by Surface Mining and Reclamation Act Section 2772.7. The Permittee shall provide a draft notice to the Community Development Agency (CDA) within thirty (30) days of this resolution being approved and shall subsequently assist the CDA with recordation of the notice, including the payment of all fees associated with recordation.

Condition G-6: If the Permittee fails to comply with conditions of approval of the surface mining permit, reclamation plan or the requirements of Surface Mining and Reclamation Act and/or the County of Alameda Surface Mining Ordinance, as may be determined by the Community Development Agency (CDA) Director or Designee, the Permittee shall take corrective action with all due haste and in good faith. The Permittee shall implement solutions as approved by the CDA Director or Designee.


Condition G-7: The Permittee shall defend, indemnify, release and hold harmless the County of Alameda and/or its agents, officers or employees from any claim, action or proceeding against the County of Alameda, or its agents, officers or employees to attach, set aside, void, or annul this surface mining permit, including any amendments thereto, or underlying environmental documents and actions taken pursuant to the California Environmental Quality Act, County of Alameda Surface Mining Ordinance, the California Surface Mining and Reclamation Act, other County ordinance requirements, and any combination thereof. Such indemnification shall include but not be limited to any such proceeding. If the Permittee shall fail to adequately defend the County of Alameda, the County may provide its own legal defense and the Permittee shall be responsible for the County’s reasonable attorneys’ fees.

Condition G-8: The Permittee and/or operator shall provide and, if necessary, shall update written statement(s) that they accept responsibility for reclaiming the site as indicated on the reclamation plan, as approved, and shall guarantee all reclamation to ensure the permanency of physical reclamation features. The statement of responsibility shall be in a form determined by the Community Development Agency Director or Designee.

Condition G-9: The Permittee shall comply with Public Resources Code Section 2773.1(c) if the surface mining operation is sold or ownership is transferred to another person. The new Permittee and or operator, as defined in Public Resources Code Section 2731, as amended, shall not commence operations until they have submitted the required statement of responsibility and the County has approved new financial assurances in accordance with the Surface Mining and Reclamation Act and the County of Alameda Surface Mining Ordinance. The Permittee shall maintain on file with the (Community Development Agency) CDA Director or Designee the name and phone number of the person responsible for compliance with the SMP and reclamation plan. A backup name shall be provided, and a phone number for 24-hour emergency contact shall also be on file. The Permittee shall update the CDA Director or Designee as to any changes in this contact information immediately upon staffing or contact information changes and confirmed as part of its annual conditions of approval report.

Condition G-10:

Condition G-10(a): The Permittee shall comply with the Surface Mining and Reclamation Act regulations pertaining to idle mines and the County of Alameda Surface Mining Ordinance if surface mining operations are suspended.

Condition G-10(b): If surface mining operations are suspended for longer than one hundred eighty (180) days, the Permittee will notify the Community Development Agency Director or Designee. Such notice shall provide an explanation of why operations are suspended and how the site will be maintained while operations are suspended. If suspension is longer than twelve (12) months, the Permittee shall file a report documenting compliance with SMARA, the County of Alameda Surface Mining Ordinance Section 6.80.230, as amended, and its surface mining permit and reclamation plan with the Community Development Agency Director or Designee.

Condition G-11: The Permittee shall make available to the Community Development Agency (CDA) Director or Designee such information as necessary to determine compliance with the surface mining permit (SMP), reclamation plan, and other related documents. The Permittee shall respond to such information requests within thirty (30) days or other time period specified by the CDA Director or Designee. The Permittee shall also furnish the CDA Director or Designee with a report describing compliance with these conditions by July 1 of each year, beginning July 1 from September 4, 2018. The report shall include compliance with these conditions for all areas covered by this SMP. With each report, the Permittee shall provide a map at the same scale as the approved mining and reclamation plans showing current progress of mining and reclamation; drainage, erosion, and sedimentation control facilities in place; and built landscaping, including status of all prior landscaping. A monthly breakdown


of tonnage removed from the site during the 12-month reporting period shall be included in the report. The CDA Director or Designee shall review the report and inspect the mining operations to determine and ensure continuing compliance with the regulations of the County of Alameda Surface Mining Ordinance. The CDA Director or Designee shall state the findings of the inspection in a final report, which shall be made available to the public. One copy of said report shall be sent to the Permittee within 45 days after the inspection. Copies shall be furnished to the Planning Commission for review.

Condition G-12: During or before September 4, 2018, and at 5-year intervals thereafter, County staff shall review compliance with the permit and reclamation plan and consider any new or changed circumstances within the general area of the mining operations that should be accommodated by the permit or plans. The results of the review shall be presented to the County Planning Commission at a public hearing. The Permittee shall pay any fees associated with the cost of reviews. As a result of this process, the Planning Commission may modify the reclamation plan or guarantees thereof to conform to the County of Alameda Surface Mining Ordinance.

Condition G-13: If the Permittee wishes to terminate its mining operations prior to the completion of mining and reclamation as specified in the approved reclamation plan and surface mining permit, the Permittee shall submit an application to the Community Development Agency (CDA) Director or Designee for revisions to the reclamation plan and shall submit a revised reclamation plan that reflects site conditions accurate as of the date of the termination request. If the proposed revisions to the reclamation plan are found to be substantially consistent with the Surface Mining and Reclamation Act and the provisions of these conditions of approval, and are deemed minor modifications, the CDA Director or Designee may approve or conditionally approve the revised reclamation plan. If proposed revisions to the plan are not considered minor, a modification to this surface mining permit and reclamation plan is required pursuant to Section 6.80.120 of the County of Alameda Surface Mining Ordinance.

Condition G-14: Prior to commencing surface mining operations at this SMP, the Permittee shall provide a financial assurance in accordance with County of Alameda Surface Mining Ordinance (SMO) Section 6.80.241 and all applicable provisions of the Surface Mining and Reclamation Act (SMARA), including any regulations or guidelines promulgated thereunder, and these conditions of approval by providing a mechanism for financial assurance of reclamation as described in, and in accordance with, SMARA (as amended), and the SMO (as amended).

Condition G-15: The Permittee shall annually pay the cost of the County’s implementation and administration of the County of Alameda Surface Mining Ordinance (SMO) for this SMP by fees required by SMO Sections 6.80.100 and 6.80.242. Should the Permittee cease mining activity and, as a result, not incur administrative fee liability in accordance with SMO Section 6.80.242, and/or pay an administrative fee that is less than all costs associated with the County's lead agency responsibilities for this SMP under the Surface Mining and Reclamation Act (SMARA), reasonable costs, including those associated with the SMO, shall be borne by the Permittee, and, as required by SMO Section 6.80.100 and SMARA. Costs incurred by the County regarding new permits, modifications to permits and/or reclamation plans, periodic reviews, inspections, administration and enforcement related to this SMP shall be borne by the Permittee. While implementing the SMO and/or SMARA the Community Development Agency Director or Designee is expressly authorized to utilize his or her own employees, other agencies, and/or private consultants, as necessary, to assist with the County’s lead agency responsibilities and to conduct and carry out third-party review(s) of operator-generated technical reports (e.g., geotechnical, groundwater). Reasonable costs associated with such third-party consultants shall be borne by the Permittee.


OPERATIONAL REQUIREMENTS

Condition G-16: Permittees shall, at their own expense, keep streets in the vicinity of the quarry on which hauling is done, swept clean of quarry materials.

Condition G-17: Permittees shall repair promptly, at their own expense, any damage to County streets caused by operation of trucks and equipment or by any other operation of the quarry.

Condition G-18: Fugitive Dust Control Plan: The Permittee shall prepare, keep updated, and implement a plan for controlling dust on-site in compliance with the surface mining permit conditions of approval and applicable Bay Area Air Quality Management District requirements. The dust control plan shall apply to the entire site (e.g., excavation areas, processing plants, concrete batch plants, the recycling plant, roadways on-site, and parking lots). The Permittee shall provide the most current dust control plan to the County.

Condition G-19: All surface mining and processing operations emitting smoke, vapors, dust, and other airborne contaminants shall be provided with all necessary control measures and devices as required by the Alameda County Health Department and the Bay Area Air Quality Management District to prevent the occurrence of nuisance and undue pollution of the air.

Condition G-20: Operations shall cease in the vicinity of any suspected archaeological or paleontological resource until an archaeologist is consulted and his or her recommendations are followed, subject to approval by the Community Development Agency Director or Designee.

Condition G-21:

Condition G-21(a): Fencing: Fencing for surface mines shall be designed and installed in order to preserve the health, safety, and welfare of the public, including pedestrians, motor vehicles on public and private ways, and all persons and uses on adjacent lands. In areas where surface mine operations are located within wildlife movement corridors, fences shall be designed to permit passage of wildlife with minimal hazard. Fences may be of any reasonable description that fit these criteria. The fence type proposed for the surface mine shall be submitted with the mining plan for review and approval by the planning commission. Gates shall be the same height and type as the approved fence, shall be installed at all points of vehicular or pedestrian ingress and egress, and shall be kept locked when not in regular use.

Condition G-21(b): Screening of Operations: All mining and reclamation activities shall be in accordance with Section 6.80.210(D) of the County of Alameda Surface Mining Ordinance, as amended.

Condition G-22: The Permittee shall conform to all regulations and requirements of California Occupational Safety and Health Administration, Alameda County Environment Health and Alameda County Health Care Services Agency, which includes the provision of a potable water supply and adequate toilet facilities, shall be provided for employees during periods of active mining and reclamation operations. Facilities may be removed from the site when mining is inactive.

Condition G-23: Engines on dirt-moving equipment used for surface mining operations shall be equipped with mufflers, and no muffler or exhaust system shall he equipped with a cutout, bypass, or similar device.

Condition G-24: The driver of a weighed vehicle loaded beyond current State of California maximum legal weight limits shall be notified and requested to reduce the load to the legal weight. If loaded


material is subject to dust generation, drivers shall either: (1) ensure loads are kept a minimum of six (6) inches below freeboard or (2) cover their loads with tarps prior to departure from the quarry. All loaded vehicles shall be required to cross over a material shakedown area with berms, bumpers, or ditches provided. Haul roads and loading areas shall be paved, oiled, or watered to maintain a dust-free condition.

Condition G-25: Unless more site-specific conditions have been required by an approved surface mining permit or other binding document approved by the County, mine operations in the County must comply with the following specifications:

a) The Permittee shall install only full cutoff-shielded lights for general illumination of areas of the plant sites areas and shall simultaneously replace all existing non-shielded lighting with full-cutoff fixtures. The lowest wattage lamps reasonable for illumination of the area of concern shall be used.

b) Security lighting shall be installed no higher than necessary to illuminate the area of concern for security, safety, or visual comfort, and lighting shall be directed toward the area of concern, and always below the horizontal angle of light.

c) The Permittee shall not position night lighting to illuminate areas beyond the site boundaries, nor shall the Permittee position general lighting to radiate above the horizontal angle of light, but shall place lights or install shielded lights to illuminate only the area of concern.

d) For any lighting on areas nonessential for safety, security or active operations, the Permittee shall place new lights on a motion detector circuit so illumination only occurs when required for occasional visibility.

e) The Permittee shall utilize lights that do not exceed levels compatible with the site and adjacent land uses, as required by the County of Alameda Surface Mining Ordinance Section 6.80.210.

Condition G-26: Any reports, studies, surveys, or analysis required as a condition of approval and/or required by a related legal settlement that are submitted to the Community Development Agency shall be made publicly available via the processes prescribed by the California Public Records Act, as amended, unless those items are proprietary and/or exempt from disclosure under the California Public Records Act and Section 2778 of the Public Resources Code.

RECYCLING USES

Condition G-27: Within sixty (60) days of approval, and by July 1 thereafter, the Permittee shall submit a description of materials processed at the recycling plant, including annual volume, how they are used, annual sales and absorption, and sales and administrative fees paid to the Community Development Agency Director or Designee. In addition, the Permittee shall document compliance for use and storage of inert construction debris as regulated by requirements of the Alameda County Waste Management Authority and Alameda County Environmental Health Department and document that it is operating the recycling facility in compliance with the applicable exemption for the Inert Debris Solid Water Permit requirements as provided in California Code of Regulations Title 14, Section 17380, et seq., as may be amended.

SITE-SPECIFIC CONDITIONS:

Condition S-1: Until such time as the approvals and executed agreements listed below have been fully completed, surface mining operations, reclamation and grades shall continue to be conducted in substantial conformance with the various maps, information and recommendations labeled; “Exhibit A”, being the maps labeled “Plot Plan & Cross Sections for Surface Mining Permit (SMP), Santa Clara Sand & Gravel Company, as approved by the Planning Commission on July 7, 1986”; “Exhibit B”, being the


applications dated May 23, 1986; “Exhibit C”, being the maps labeled “Site Plan”, (Sheet 1), dated January 2, 1991 and “Reclamation and Revegetation Plan” (Sheet 2), dated October 1990, Santa Clara Sand & Gravel Company, and “Exhibit D” being the application dated November 13, 1990; and any and all Conditions for SMP-30 as approved by Alameda County pursuant to Resolution No. 92-32 for the Santa Clara Sand and Gravel Company, November 16, 1992 (SMP-30). Approvals and executed agreements necessary prior to these Revised SMP-30 Conditions of Approval included herein taking effect are the following:

a) Approval and issuance of Revised SMP-30 Surface Mining Permit by Alameda County, b) Approval of the Revised SMP-30 Lease by the San Francisco Public Utilities Commission and

the City and County of San Francisco Board of Supervisors, and c) The execution of a revised Lease for Revised SMP-30 by and between Oliver de Silva, Inc. and

the San Francisco Public Utilities Commission.

Condition S-2: Upon completion of all approvals and executed agreements identified in Condition 1 Condition G-3, above, surface mining operations, reclamation and grades shall be in substantial conformance with the various maps, information, recommendations and agreements labeled:

a) Surface Mining Permit Map (Sheet 1), dated August 26, 2011; b) Site Conditions (Sheet 2), dated August 26, 2011; c) Mine Plan (Sheet 3), dated August 26, 2011; d) Phasing and Reclamation Plan (Sheet 4), dated August 26, 2011; e) Revised SMP-30 Application, dated August 30, 2011; and f. Conservation Plan for Sunol Quarry

SMP-30 Site, A Conservation Plan by Oliver de Silva, Inc. to Enhance the Biological Resources of the Sunol Quarry SMP-30 Project Area in Alameda County, California, December 15, 2008.

f) Conservation Plan for Sunol Quarry SMP-30 Site, A Conservation Plan by Oliver de Silva, Inc. to Enhance the Biological Resources of the Sunol Quarry SMP-30 Project Area in Alameda County, California, December 15, 2008.

Condition S-3: Permittee shall maintain the $5,000 cash bond with Alameda County to clean up any spillage that may occur on, or repair any extraordinary deterioration to the County haul routes lying between the site and I-680. Said bond is to be replenished to its full amount when it diminishes to $2,000.00. A certificate of deposit may be utilized in lieu of a cash bond subject to approval of the Community Development Director or Designee.

Condition S-4: Permittee shall contribute to the costs of reconstructing and widening Calaveras Road when determined necessary by the Community Development Director or Designee. Costs will be shared proportionately by other quarries that gain access from Calaveras Road based on use.

Condition S-5: This Surface Mining Permit shall terminate July 16, 2042 or upon completion of reclamation, whichever comes first, and final reclamation shall occur not later than two years after completion of the surface mining, or July 16, 2042, or whichever occurs first. Permittee shall notify the Community Development Director or Designee upon completion of mining. All stockpiles and equipment shall be removed from the site upon completion of reclamation. This permit shall be subject to revocation or suspension as specified in Section 6.80.270 8-121.2 of the County of Alameda Surface Mining Ordinance.


Condition S-6: The end use of the site upon complete reclamation is hereby assumed to be water management and water storage and recreational trails. Any other use must be approved by the County of Alameda.

Condition S-7: Permittee shall submit a copy of the lease agreement with the San Francisco Water Department to the Alameda County Community Development Agency or Designee.

Condition S-8: In addition to the conditions specified herein, the Permittee shall implement currently applicable all conservation strategies including avoidance, minimization, and mitigation measures as specifically described in the Conservation Plan for Sunol Quarry SMP-30 Site as prepared by and between Oliver de Silva, Inc. (ODS), the Alameda Creek Alliance (ACA), and the Center for Biological Diversity (CBD) intended to protect and enhance the biological resources in the vicinity. Implementation of all Conservation Plan strategies as contained in that Plan are hereby made conditions of approval for the Revised SMP-30 permit.

a) ODS will provide a copy to the ACA and CBD of all reports, surveys and monitoring data at that time that ODS submits to state, federal and County regulatory agencies and the SFPUC (San Francisco Public Utilities Commission) regarding Revised SMP-30.

b) The USFWS (United States Fish and Wildlife Service) and CDFW (California Department of Fish and Wildlife) typically require a number of survey and avoidance measures to reduce the likelihood of take of special-status species before issuance of permits, authorizations or a biological opinion. ODS will implement the following mitigation measures to avoid take of special-status species. ODS will fund, comply with and implement all of the pre-project avoidance measures for sensitive species detailed in Condition S-8(b)(i) through (iii), below, so long as they do not conflict with other legal requirements. These measures may include exclusion of special-status species from mining and equipment areas before mining activities, potential relocation of special-status species, pre-activity surveys, and observation of vehicle speed limits on internal roads within the project area.

i. Take Avoidance Measures: ODS will comply with the following pre-project avoidance measures. Notwithstanding anything to the contrary in the Conservation Plan, ODS will have no obligation to share any surveys with the Conservation Groups until ODS provides the surveys to any public agency or to the general public.

ii. Amphibians: In an effort to avoid direct impacts to special-status amphibians, particularly the California red-legged frog (CRLF) (FT/CSC), foothill yellow-legged frog (FYLF) (--/CSC), and California tiger salamander (CTS) (FT/CSC), the following avoidance measures shall be adhered to:

• AMPH-1: Prior to any construction or mining activities under Revised SMP-30, ODS will hire a qualified biologist to conduct pre-construction surveys within and adjacent to the SMP-30 site to ensure that no red-legged frogs, yellow-legged frogs or tiger salamanders are present within the mining site, equipment areas, or along roads used to access the site. These surveys shall be shared with the Conservation Groups at the time that ODS submits the surveys to the public agencies.

- Surveys shall be completed for all life cycle stages of CRLF and FYLF (e.g., egg masses, tadpole, juveniles, and adults) that may occur within or adjacent to the project area.

- Surveys will be completed for all life cycle stages of CTS, appropriately timed with respect to salamander activity and proposed construction activities.


- The name and credentials of a biologist qualified to act as a construction monitor shall be submitted to the USFWS for approval at least 15 days prior to commencement of work.

- The USFWS-approved biologist shall conduct pre-construction surveys within aquatic habitat in the project area, at least two weeks prior to the onset of construction activities.

- If adult CRLF, FYLF, or CTS tadpoles or eggs are found within the construction disturbance zone, the USFWS-approved biologist shall contact the USFWS to determine if moving any of these life stages is appropriate. If the USFWS approves moving the animals, the approved biologist shall be allowed sufficient time to move them from the construction sites before work activities begin. If no CRLF, FYLF or CTS are detected during these surveys, construction-related activities may proceed without further requirements for the protection of individuals.

- The USFWS-approved biologist will remove and destroy from within the project area any individuals of non-native species, such as bullfrogs, crayfish, and centrarchid fishes, to the maximum extent possible.

- Exclusionary fencing, such as silt fences, shall be installed around all construction areas that are within 150 feet of or adjacent to documented CRLF, FYLF, or CTS habitat. Once fencing is in place, it shall be maintained by ODS until completion of construction within or adjacent to the exclosure.

• AMPH-2: ODS will implement a worker education program regarding special-status amphibians in the vicinity of the SMP-30 project site, and will implement a vehicle speed limit on all internal roads within and adjacent to the SMP-30 project site during winter, to reduce the likelihood of road kill of migrating amphibians.

iii. Nesting Raptors and Passerine Birds: In order to avoid disturbance of the nests of raptors or special-status passerine bird species, which are protected under California Fish and Game Code 3503, the following measures shall be adhered to:

• BIRD-1: No more than two weeks prior to any construction or mining activities under Revised SMP-30, a qualified wildlife biologist will conduct preconstruction surveys of all potential bird nesting habitat within the Revised SMP-30 project area. These surveys shall be shared with the Conservation Groups. If construction activities (i.e., ground clearing and grading, including removal of trees or shrubs) are scheduled to occur during the non-breeding season (September 1 through January 31), no measures are required. If construction activities are scheduled to occur during the breeding season (February 1 through August 31), the project proponent will implement the following measures to avoid potential adverse effects on any special-status birds which may occur:

- If active nests are found during preconstruction surveys, the project proponent will create a no-disturbance buffer (acceptable in size to the CDFW) around nests of special-status birds during the breeding season, or until it is determined that all young have fledged. Typical buffers are 250 feet for passerine nesting birds and 300 feet for raptors. The size of these buffer zones and types of construction activities restricted in these areas may be further modified in coordination with the CDFW and will be based on existing noise and human disturbance levels at the project site. Nests initiated during construction are presumed to be unaffected, and no buffer would be necessary.


- If preconstruction surveys indicate that nests are inactive or potential habitat is unoccupied during the construction period, no further mitigation is required. Trees and shrubs within the construction footprint that have been determined to be unoccupied by special-status birds or that are located outside the no-disturbance buffer for active nests may be removed.

c) After Approval of the current SMP-30 Lease by the SFPUC and S.F. Board, ODS will contribute up to $2 million in funding toward the lower Alameda Creek fish passage projects at the Alameda County Flood Control District (“ACFCD”) BART weir and the Alameda County Water District (“ACWD”) upper rubber dam (“ACWD Projects”) for which ACWD will be the lead agency. ODS will provide funding in an amount sufficient to meet the funding shortfall for completing construction of the ACWD Projects, but not to exceed $2 million, in a manner to be further negotiated between the Parties and approved by the appropriate government agencies. Funding will be provided to the ACWD after all permits, easements and other necessary approvals are obtained by the ACWD, the contract for the work has been awarded by ACWD, and all other available funding has been disbursed by ACFCD and ACWD. If required, ODS will provide a Letter of Credit or other payment security to ACWD.

d) After approval of the current SMP-30 Lease by the SFPUC and S.F. Board, ODS and/or the SFPUC will provide $1 million in funding and/or equipment and services (as approved by the lead agencies on the project) to further a fish passage project at the PG&E gas pipeline crossing of Alameda Creek in the Sunol Valley, in a manner to be further negotiated between the Parties and approved by the appropriate government agencies. Funding will be provided after all permits, easements and other necessary approvals are obtained and all other available funding has been disbursed. If PG&E agrees to a fish passage project at the pipeline crossing that removes all infrastructure from the Alameda Creek streambed (i.e. a project that buries the gas pipeline crossing under the streambed), ODS will provide PG&E with the full amount of $1 million toward the fish passage project. If PG&E approves a fish passage project that maintains infrastructure in the creek or any barrier which requires a fish ladder for steelhead migration, ODS will provide PG&E with $500,000 toward the fish passage project, and the remaining $500,000 will go to the SFPUC for implementing enhancement measure [Condition S-8(h)] below, the Sunol Valley Restoration Plan. In any event, any portion of the $1 million that is not used for the PG&E Project shall be used for funding of the Sunol Valley Restoration Plan, as described in Condition S-8(h). Of the $1 million of funding, not more than $750,000 will be required to be funded by ODS prior to Approval of Revised SMP-30; $250,000 will be provided by ODS after Approval of Revised SMP-30. If required, ODS will provide a Letter of Credit or other payment security.

e) ODS will fund and implement the Revised SMP-30 Lease terms regarding Alameda Creek restoration and remediation, as may be required and approved by SFPUC. These terms are expected to include: installation of a bentonite cut-off wall approximately 7,800 feet long at an estimated depth of 35 to 45 feet to prevent water inflow from Alameda Creek into the SMP-30 quarry pit; a second 2,300 foot long slurry cutoff wall along the left bank of San Antonio Creek if required; restoring the right bank of Alameda Creek and the left bank of San Antonio Creek adjacent to the SMP-30 lease with native vegetation; restoring a more natural stream function that is compatible with and enhances habitat quality in these stream reaches; contributing $200,000 in funding to a SFPUC restoration planning for the reach of Alameda Creek in the Sunol Valley; and accommodating possible future public access trails through the area that may be desired by the East Bay Regional Park District (EBRPD).

f) After Approval of Revised SMP-30, ODS will additionally re-vegetate the left bank of Alameda Creek and the right bank of San Antonio Creek, adjacent to the SMP-30 lease, with native vegetation. Re-vegetation will be completed, according to success criteria to be agreed upon by


the Parties, within two (2) years of the approval of the Revised SMP-30 Lease. Watering, monitoring and replacement of vegetation will be conducted until 2030, if needed to maintain vegetation in good condition.

g) Not later than one (1) year after the date of Approval of the Revised SMP-30 and the Revised SMP-30 lease extension, ODS (per the SFPUC lease conditions) will fund a study of the geomorphology of Alameda Creek to determine the need for stabilization and reconfiguration of the creek within the entire gravel quarry reach of Alameda Creek in the Sunol Valley. At that time, ODS will hire a consultant (reasonably approved by all Parties and the SFPUC) to develop a streambed restoration and re-vegetation plan for this reach (“Sunol Valley Restoration Plan”).

h) After Approval of Revised SMP-30 and the Revised SMP-30 lease extension, ODS will support a Sunol Valley Restoration Plan to be commenced by the SFPUC, with financial support from ODS and other quarry lease holders in the Sunol Valley. The Restoration Plan will include streambed repair, grade stabilization, riparian re-vegetation, migratory fish passage, and fish habitat enhancement of the Alameda Creek stream reach in the Sunol Valley – including both banks of Alameda Creek from the Sunol Valley Water Treatment Plant downstream to the Sunol Water Temple. The Plan will also consider SFPUC long-term plans for reclaiming quarry pits in the Sunol Valley and possible future public access trails through the area that may be desired by the East Bay Regional Park District. The SFPUC will be the lead agency for the restoration plan and the SFPUC, ODS, EBRPD and other quarry lease holders in the Sunol Valley will negotiate cost-sharing for funding of the Sunol Valley Restoration Plan. Any remaining funding from [Condition S-8(d)] above not used for the PG&E fish passage project will be used for funding of the Sunol Valley Restoration Plan.

i) ODS will provide a copy to the ACA and CBD of all reports, surveys and monitoring data at the time that ODS submits to state, federal and County regulatory agencies and the SFPUC regarding Further Revised SMP-30.

j) ODS will fund and implement the Further Revised SMP-30 Lease terms regarding Alameda Creek restoration and remediation, as may be required by the SFPUC.

k) After Approval of Further Revised SMP-30 and the Further Revised SMP-30 lease extension, ODS will continue to support a Sunol Valley Restoration Plan to be commenced by the SFPUC, with financial support from ODS and other quarry lease holders in the Sunol Valley.

l) Prior to any construction or mining activities under Revised SMP-30, ODS will hire a qualified biologist to conduct pre-construction surveys within and adjacent to the SMP-30 site to ensure that no red-legged frogs, yellow-legged frogs or tiger salamanders are present within the mining site, equipment areas, or along roads used to access the site. These surveys shall be shared with the Conservation Groups at the time that ODS submits the surveys to the public agencies.

• Surveys shall be completed for all life cycle stages of CRLF (California Red Legged Frog) and FYLF (Foothill yellow legged frog) (e.g., egg masses, tadpole, juveniles, and adults) that may occur within or adjacent to the project area.

• Surveys will be completed for all life cycle stages of CTS (California Tiger Salamander), appropriately timed with respect to salamander activity and proposed construction activities.

• The name and credentials of a biologist qualified to act as a construction monitor shall be submitted to the USFWS for approval at least 15 days prior to commencement of work.

• The USFWS-approved biologist shall conduct pre-construction surveys within aquatic habitat in the project area, at least two weeks prior to the onset of construction activities.


• If adult CRLF, FYLF, or CTS tadpoles or eggs are found within the construction disturbance zone, the USFWS-approved biologist shall contact the USFWS to determine if moving any of these life stages is appropriate. If the USFWS approves moving the animals, the approved biologist shall be allowed sufficient time to move them from the construction sites before work activities begin. If no CRLF, FYLF or CTS are detected during these surveys, construction-related activities may proceed without further requirements for the protection of individuals.

• The USFWS-approved biologist will remove and destroy from within the project area any individuals of non-native species, such as bullfrogs, crayfish, and centrarchid fishes, to the maximum extent possible.

• Exclusionary fencing, such as silt fences, shall be installed around all construction areas that are within 150 feet of or adjacent to documented CRLF, FYLF, or CTS habitat. Once fencing is in place, it shall be maintained by ODS until completion of construction within or adjacent to the exclosure.

m) Exclusionary fencing, such as silt fences, shall be installed around all construction areas that are within 150 feet of or adjacent to documented CRLF, FYLF, or CTS habitat. Once fencing is in place, it shall be maintained by ODS until completion of construction within or adjacent to the ODS will implement a worker education program regarding special-status amphibians in the vicinity of the SMP-30 project site, and will implement a vehicle speed limit on all internal roads within and adjacent to the SMP-30 project site during winter, to reduce the likelihood of road kill of migrating amphibians.

n) No more than two weeks prior to any construction or mining activities under Revised SMP-30, a qualified wildlife biologist will conduct preconstruction surveys of all potential bird nesting habitat within the Revised SMP-30 project area. These surveys shall be shared with the Conservation Groups. If construction activities (i.e., ground clearing and grading, including removal of trees or shrubs) are scheduled to occur during the non-breeding season (September 1 through January 31), no measures are required. If construction activities are scheduled to occur during the breeding season (February 1 through August 31), the project proponent will implement the following measures to avoid potential adverse effects on any special-status birds which may occur:

• If active nests are found during preconstruction surveys, the project proponent will create a no-disturbance buffer (acceptable in size to the CDFW) around nests of special-status birds during the breeding season, or until it is determined that all young have fledged. Typical buffers are 250 feet for passerine nesting birds and 300 feet for raptors. The size of these buffer zones and types of construction activities restricted in these areas may be further modified in coordination with the CDFW and will be based on existing noise and human disturbance levels at the project site. Nests initiated during construction are presumed to be unaffected, and no buffer would be necessary.

• If preconstruction surveys indicate that nests are inactive or potential habitat is unoccupied during the construction period, no further mitigation is required. Trees and shrubs within the construction footprint that have been determined to be unoccupied by special-status birds or that are located outside the no-disturbance buffer for active nests may be removed.

Condition S-9: Commencing ten (10) days after the “Approval” of Revised SMP-301, the The Permittee shall pay the total sum of $50,000 per year to a Community Improvement Fund established by the County of Alameda for the benefit of Sunol. These payments shall be made and adjusted as follows: the annual


payment amount shall begin at $50,000 per year with no adjustment for a period of five years; increased by two percent (2%) per year for years six through ten; and commencing on the tenth anniversary of Approval of Revised SMP-30, adjusted annually by the increase (if any) of the Consumer Price Index – All Urban Consumers (or equivalent substitute index) during the immediate preceding year. The purpose of the Community Improvement Fund will be to enhance the community environment of Sunol though projects initiated by the community that will enrich and enhance the environment for the residents of Sunol. The Sunol Citizens’ Advisory Committee (SCAC) will facilitate implementation of the Community Improvement Fund program by overseeing the application process, evaluating proposals for funding and making recommendations to the County based on Alameda County-established criteria and guidelines. All proposals reviewed by the SCAC and submitted to the County shall be placed before the Board of Supervisors for its final determination.

Condition S-10: The fence installed at least five feet beyond the drip line of the oak tree located immediately south of the existing entrance road to the quarry along Calaveras Road shall be maintained to preserve and protect the tree from disturbance from equipment and stockpiles, and soil within this fenced area shall not be disturbed.

Condition S-11: The removal of vegetation and overburden from the 58-acre expansion site shall occur no more than one month prior to commencement of excavation and raw aggregate harvesting activities from the expansion of the quarry pit into this area. Alternatively, if vegetation and overburden removal is to occur more than one month prior to excavation, the Permittee shall take measures such as watering the soil or applying soil binders or chemical stabilizers, as approved by the Community Development Director or Designee to control dust during the stripping and subsequent transporting of the overburden and topsoil.

Condition S-12: Not more than one week prior to tree removal or removal of any abandoned structure, a County-approved qualified biologist (i.e., one familiar with the identification of bats and signs of bats) shall survey the tree or structure to be removed in the Project area for the presence of roosting bats. Bats may be present any time of the year. The biologist shall thoroughly search trees or structures that provide appropriate habitat (trees with foliage or cavities or that are hollow) for the presence of roosting bats or evidence of bats.

a) If no roosting bats or evidence of bats are found, the removal of trees or structures may proceed. b) If bats are found or evidence of use by bats is present, the biologist shall map and mark the tree or

structure with flagging. The Permittee shall ensure that the trees or structures are not removed until the CDFGW has been consulted for guidance on measures to avoid and minimize disturbance of the special-status bats. Measures may include monitoring trees or structures and excluding bats from a tree or structure until it is removed and/or timing tree or structure removal and use of a construction buffer to avoid disturbance of young before they are able to fly.

Condition S-13: At the beginning of each workday that includes initial site preparation and/or construction activity as defined above, a USFWS- and CDFGW -approved biologist shall conduct on-site monitoring for the presence of California tiger salamander and California red-legged frog in the area where ground disturbance shall occur, as follows:

a) Exclusion fencing shall be inspected to ensure it does not have any tears or holes, that the bottoms of the fences are still buried, and that no individuals have been trapped in the fences.

b) Any California tiger salamander and California red- legged frog along and outside the fence shall be closely monitored until they move away from the construction area.


c) All open trenches or holes and areas under parked vehicles shall be checked for the presence of California tiger salamander and California red-legged frog.

d) All excavated or deep-walled holes or trenches greater than 2 feet in depth shall be covered at the end of each workday using plywood or similar materials, or escape ramps shall be constructed of earth fill or wooden planks. Before such holes are filled, they shall be thoroughly inspected for trapped animals.

e) Project personnel shall be required to immediately report any harm, injury, or mortality of a special-status species during construction (including entrapment) to the construction foreman or biological monitor, and the construction foreman or biological monitor shall immediately notify the Permittee. The Permittee shall provide verbal notification to the USFWS Endangered Species Office in Sacramento, California and/or to the local CDFGW warden or biologist (as applicable) within one working day of the incident. The Permittee shall follow up with written notification to the USFWS and/or CDFGW (as applicable) within five working days of the incident. All observations of federally and state- listed species shall be recorded on CNDDB field sheets and sent to the CDFGW by the Permittee or representative biological monitor.

f) While it is not necessary that the biological monitor stay on-site for the entire day, the monitor shall remain on-call in case any of these animals are discovered and it is necessary to move them. The Permittee shall designate a representative as the point of contact in the event that a California tiger salamander or California red-legged frog is discovered on-site when the biological monitor is not present.

g) If the biological monitor or construction personnel find any of these species within the work area, construction activities shall cease in the immediate vicinity of the individual until: (1) the USFWS and/or CDFGW are contacted and/or the animal has been removed from the construction area, in accordance with permits, by a USFWS- and CDFGW -approved biologist and released near a suitable burrow or other suitable habitat within 0.25 mile of the construction area, or (2) the animal moves away from the construction area on its own.

h) Once all initial ground-disturbing activities are completed, the biological monitor shall perform spot checks of the Project area at least once a week for the duration of construction (as defined above) to ensure that any exclusion fencing is in good order, trenches are being covered if left open overnight (or escape ramps provided), Project personnel are conducting checks beneath parked vehicles prior to their movement, and all other required biological protection measures are being followed.

Condition S-14: The Permittee shall ensure that the following general measures are implemented as part of any new construction (as specifically defined above) to minimize or avoid impacts on biological resources:

a) Minimize the extent of the construction disturbance as much as feasible. b) Prior to the start of construction, the Permittee in coordination with a qualified biologist, shall

install 4-foot tall fencing at the limits of construction and outside the driplines of all trees to be retained that are located within 50 feet of any grading, road improvements, underground utilities, or other construction activity. A qualified biologist and Permittee must approve any encroachment into these fenced areas. The Permittee shall maintain the temporary fencing until all construction activities are complete. No construction activities, parking, or staging shall occur within the fenced areas.

c) At individual construction sites (not the quarry pit) where excavations require dewatering, the intakes shall be screened with a maximum mesh size of 5 millimeters.


Condition S-15: The Permittee and the County shall re-assess the Landscape Planting, Irrigation and Maintenance Plan required pursuant to the 1992 SMP-30 Conditions of Approval for the landscape buffers along Calaveras Road to determine what additional plantings are necessary to achieve the condition’s objectives of visually filtering and softening views of the site. The Permittee shall prepare a detailed landscape and planting plan for the Calaveras Road landscape buffers which shall include provisions for additional tree plantings consistent with the following measures:

a) The visual screen shall be dense enough to filter views from Calaveras Road; b) Trees shall be planted subject to the approval of the Community Development Director or

Designee; c) There shall be a preference for native species. Different species or tree placement schemes may

be used if approved in writing by the Community Development Director or Designee; if alternative species are selected, they shall be non-invasive.

d) Trees shall not interfere with water or electrical transmission lines; e) A monitoring plan with an implementation schedule shall be prepared and submitted to the

Community Development Director or Designee for approval within 180 days of approval of Revised SMP-30, including SFPUC lease approvals. The plan shall include the provision that the successful growth and health of trees shall be monitored by the Community Development Agency or Designee during their annual review and five year review, or as needed to ensure its success as a visual filter. If proved unsuccessful, then Permittee shall replant with the same or different species as approved by the Community Development Director or Designee.

Condition S-16: It is understood that approval of this Surface Mining Permit enables the Permittee to operate (i.e., to extract and harvest raw material; to process such material into saleable aggregate, concrete and asphalt; and to operate and maintain on-site equipment, facilities and operations) 24 hours per day, 7 day per week.

Condition S-17: No future mining excavations shall occur in any closer proximity to Alameda Creek or San Antonio Creek than the existing (July 2012) edge of the quarry slope, as shown on the most recently available aerial photographs (photos dated October 11, 2011).

Condition S-18: The existing barrier fence along San Antonio Creek shall remain in place throughout the active mining phase. The barrier fence shall have a limited number of access points and personnel shall be informed by the permittee that the 50-foot buffer zone shall not be entered except as approved by the County of Alameda.

Condition S-19: Mining shall not occur within 250 feet from the edge of the quarry slope to the edge of travel way on Calaveras Road.

Condition S-20: A setback of not less than 50 feet from the edge of the quarry slope to all buried utilities and pipelines shall be maintained.

Condition S-21: A setback of 100 feet, or no closer than existing setbacks where such existing setbacks may be less than 100 feet, shall be provided from the top of the quarry slope to the transmission tower foundations. Alameda County Community Development Agency or Designee shall monitor the stability of the slopes in their annual review, or as needed.

Condition S-22: A setback of 25 feet shall be provided and maintained from the top of the quarry slope to the southern boundary of the site adjacent SFPUC properties.


Condition S-23: The permittee shall obtain the Pacific Gas and Electric Company’s (PG&E’s) written consent to any development plans that may have an impact on PG&E’s easements.

Condition S-24: No trees shall be planted under San Francisco Water Department or the Pacific Gas and Electric Company’s transmission lines or within 50 feet of the center line of water transmission lines.

Condition S-25: Recommendations contained in Berlogar Stevens Associates’ Geotechnical Investigation, Amended Reclamation Plan for the Sunol Quarry (SMP-30), Calaveras Road, Sunol, California for Oliver De Silva, Inc., dated May 25, 2012 (Berlogar, 2012) shall be incorporated into the Project. Permittee may request modification of these gradients at any time during the term of the permit. The request shall explain the reason for the proposed change and shall, at a minimum, be accompanied by:

a) evidence that the property owner agrees with the proposed changes; and b) an engineering and geotechnical report that demonstrates that the new slope gradients will be

safe, stable and otherwise consistent with the intent, standards and requirements of the County of Alameda Surface Mining Ordinance (SMO).

c) The Community Development Director or Designee may modify these gradients consistent with the SMO.

Condition S-26: To enhance slope stability, all roads and benches on the quarry slopes shall not be formed by cutting into the permanent quarry slopes unless otherwise approved by the Community Development Director or Designee.

Condition S-27: A qualified professional shall inspect the stability of cut slopes and fill slopes constructed for roads. Inspections shall take place either annually, or as deemed necessary by the Community Development Director or Designee.

Condition S-28: The Permittee shall repair or otherwise remedy identified problems including those identified during the annual and five year review of the Surface Mining Permit, such as recurring slope stability problems or the need for slope maintenance on- or off-site. Should any problems develop regarding slope stability, erosion control, ground water or related matters, an engineering geologist shall prepare an investigation detailing the problem and possible solutions to be approved by the Community Development Director or Designee.

Condition S-29: The site is located in a State Responsibility Area. Therefore, the California Department of Forestry and Fire Protection (CAL FIRE) and state regulations are enforced. CAL FIRE personnel from the Sunol Fire Station respond to this mine site. Staff from the Fire Prevention Office at the Alameda County Fire Department (ACFD) plan check projects on behalf of CAL FIRE. Thus, the Permittee and/or the Community Development Agency Director or Designee shall coordinate with both CAL FIRE and ACFD to create, maintain, or revise fire plans.

Condition S-30: The Permittee shall engage a Fire Protection Engineer to perform a Code analysis and submit a Comprehensive Fire Protection Plan for the proposed Project for review by the County Fire Marshall. The submittal shall include an evaluation of the Project's compliance with the Uniform Fire Code requirements relating to storage of hazardous materials (including aboveground tanks), the need for fire suppression system, alarm systems, storage of flammable or combustible materials, containment basins around hazardous materials, and compliance with hazardous materials regulations. Hazardous materials at the proposed asphalt plant shall be specifically considered in the review.


Condition S-31: If substantial groundshaking occurs at the site during an earthquake, the Permittee shall inspect the quarry for potential slope failures prior to allowing employees to resume work in the quarry pits.

Condition S-32: Prior to construction of any structures intended for human occupancy (i.e., expected to be occupied for more than 2,000 person-hours per year) within the Alquist-Priolo zone, a detailed geologic investigation of the structure location shall be prepared by a geologist registered in the State of California. This report shall address the potential for surface fault displacement at the structure site, based on a geologic investigation designed to identify the location, recent activity and nature of faulting that may have affected the structure site in the past and may affect the structure site in the future. If, based upon the findings of the geologic investigation, the site of the proposed structure is underlain by an active fault trace, the structure shall be located at least 50-feet away from such an active fault trace.

Condition S-33: Stockpiles shall be managed such that they do not become over-steepened or undercut, and the faces of stockpiles shall be maintained to prevent steep, high faces from forming. Where front-end loaders have to carry out undercutting in front of high faces, a cab should be fitted to enclose an operator overhead and on at least three sides.

Condition S-34: The Project shall not include any underground storage tanks, and only above-ground storage tanks that have been approved by the U.S. EPA shall be used for storing petroleum products and other regulated substances. Any new above-ground tanks shall be double walled and meet all ballistic and flame impingement requirements in CFC Article 79. The containment structures shall not be equipped with any valves or drains.

Condition S-35: All delivery, maintenance, and repair trucks containing petroleum products will be required to comply with the California Department of Transportation’s regulations for transport of hazardous materials. All trucks carrying petroleum products shall be equipped with quick-connect couplings and automatic shut-off valves to prevent spills. Trucks shall carry appropriate absorbent materials to contain and recover spillage, or such materials shall be available on site.

Condition S-36: The Permittee shall not allow trucks to be sprayed with diesel fuel or any other petroleum hydrocarbon-containing liquid as a means to prevent asphalt from sticking to the beds of the truck beds. Suitable bio-degradable surfactants may be utilized by the truck operators, if desired. The County’s annual inspections and review shall ensure that soil contamination has not occurred at the site due to spraying of truck beds with diesel fuel or other petroleum hydrocarbon-containing liquids.

Condition S-37: The Project site equipment and servicing materials shall be maintained in a neat and orderly manner to aid in accounting for and detecting potential sources of contamination;

a) Non-functional equipment, scrap metal, construction debris, used batteries and tires, and similar objects shall be removed from the site on a regular basis and disposed of at appropriately licensed facilities;

b) Best Management Practices specific to the storage of spare equipment such as heavy equipment parts, conveyor belts, tires and other replacement or extra equipment pieces, shall be established pursuant to the Project’s NPDES General Mining Permit to ensure that runoff from storage areas does not result in surface water contamination. Spare parts containing petroleum products (i.e., lubricants, hydraulic oil, etc.) shall be stored using Best Management Practices (BMPs) to prevent contamination of soil or storm water runoff; and

c) Storage areas shall be inspected by the Permittee monthly. Any petroleum leaks shall be documented and cleaned up. Leaking equipment shall be repaired. Inspection and monitoring documentation shall be retained for a minimum of five years and be available to County staff


during site inspections.

Condition S-38: The perimeter of the property shall be fenced and the fence shall be maintained in good condition. A fence along the boundary of Alameda Creek shall be installed following lease approval by the SFPUC.

Condition S-39: No explosives shall be used.

Condition S-40: Height of stockpiles throughout the permit boundaries shall be restricted to 50 feet.

Condition S-41: Upon the SFPUC’s completion of the placement of “spoils material” landform berms along the edge of Calaveras Road within the Revised SMP-30 site, the Permittee shall retain a professional agronomist or qualified landscape architect to recommend detailed methods and specifications of revegetation of these landform berms.

a) The berm revegetation and planting plan shall be approved by the Community Development Director or Designee and monitored by the County during the annual or five-year review, or as needed.

b) Revegetation of the landscape berms shall be completed within five (5) years of completion of the berm construction by the SFPUC and any and all necessary regulatory permits have been obtained.

c) The Permittee shall guarantee vegetation establishment during a period of five years.

Condition S-42: The Permittee shall implement measures such as watering the soil or applying soil binders or chemical stabilizers, as approved by the Community Development Director or Designee to control dust.

Condition S-43: The driver of a weighed vehicle, loaded beyond current State of California maximum legal weights, shall be notified by the Permittee and required to reduce the load to the legal limit. If loaded materials are subject to dust generation, Permittee is responsible for requiring drivers to moisten loads. Moistening facilities shall be conveniently located and maintained on site. All loaded vehicles shall be required to pass over a material shakedown area with berm, bumper or ditches provided. The permittee shall require all vehicle permittees to have noise attenuating mufflers as required by the State of California Vehicle Code. Signs notifying drivers of these requirements shall be posted at the scale location. Drivers not cooperating with this provision shall be prohibited from hauling materials from the site.

Condition S-44: New cut slopes shall be watered as they are created to the extent necessary to minimize dust. Main access roads shall be paved with asphalt for a minimum width of 25 feet from County roads to within 100 feet of the loading point. All other haulage roads and loading areas within the site shall be paved or watered to be maintained in a dust-free condition, as may be determined by the Community Development Director or Designee.

Condition S-45: Engines on dirt moving equipment used for surface mining operations shall be equipped with mufflers, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device intended to thwart noise suppression.

Condition S-46: The new southern driveway intersection must meet Calaveras Road at grade.


Condition S-47: The area around the new southern driveway intersection shall be kept free of visual obstructions such as tall landscaping and signage, which would obstruct line of sight for drivers exiting the site.

a) Vegetation fronting the site along Calaveras Road shall be trimmed as necessary to allow at least 550 feet of sight distance, which is the minimum corner sight distance required per the California Highway Design Manual.

b) The location of the southern driveway may shift north or south along Calaveras Road to best accommodate the required sight distance.

c) If necessary to improve sight lines at the intersection, the elevation of the southern driveway approach to Calaveras Road shall be raised to reduce the grade difference.

Condition S-48: The Permittee shall maintain stop signs at all exits to County roads. The Community Development Agency or Designee will continue to monitor whether trucks are stopping before exiting the site onto Calaveras Road. If, in consultation with the Public Works Agency, the Community Development Director or Designee determines the condition is hazardous, then a program to find additional ways to stops trucks other than the existing stop sign will be developed and implemented by the Permittee and approved by the Community Development Director or Designee to remedy the situation.

Condition S-49: If a hiking trail is accommodated on site during mining operations, it shall follow a western trail alignment along Alameda Creek rather than an eastern alignment along Calaveras Road as the western alignment provides less pedestrian/vehicle conflict points.

Condition S-50: Due to the presence of recreational cyclists along Calaveras Road, the Permittee shall install “Share the Road” signs in conjunction with Bicycle Warning signs along Calaveras Road and on the Project site driveways to warn drivers to watch for bicyclists, who generally travel at slower speeds. Placement of these signs shall be determined by the Community Development Director or Designee in consultation with the County Public Works Department.

Condition S-51: The Permittee shall prepare and deliver a driver education program to employees and truck drivers, making them aware of the use of Calaveras Road by recreational bicyclists, the legal rights of bicyclists using the roadway, reminding them of the rules of the road prohibiting crossing the double yellow line to pass bicyclists, and required safe passing distance from bicyclists. Educational materials may include pamphlets handed to all truck drivers entering the site, signs posted near the exit driveway, and other potential measures that may be identified.

Condition S-52: The Permittee shall sponsor a bicyclist education and outreach effort, potentially conducted through local recreational and racing clubs whose members regularly ride Calaveras Road. This effort may include, but is not limited to use of available educational curricula sponsored by the East Bay Bicycle Coalition and Silicon Valley Bicycle Coalition, reminding bicyclists how to operate legally and safely when operating in mixed traffic flow.

Condition S-53: The Permittee shall work with Alameda County to develop and install signing improvements along Calaveras Road in accordance with the Alameda County Bicycle and Pedestrian Master Plan for Unincorporated Areas.

Condition S-54: Consistent with current practice and requirements, the Permittee shall commit to clearing spilled debris and oil as needed, related to quarry truck movements on the section of Calaveras Road between I-680 and the SMP-30 driveway(s).


Condition S-55: The Permittee shall coordinate with the County and the SFPUC (as may be needed outside of the road right-of-way) to provide for trimming brush and tree limbs near the sides of the road, to maximize sight distance, and preserve maximum available roadway width and narrow shoulder width for bicyclists for the section of Calaveras Road between I-680 and the Project driveway(s).

Condition S-56: No discharge of turbid water or pollutants shall be permitted off site from the active quarry area. All process waters shall be retained and/or recycled on site. All runoff from active quarry areas and exposed slopes shall be diverted to a settling pond for re-use with no discharge to the creek. Rising groundwater encountered in active excavation pits shall be returned to a process or settling pond and not be discharged into the creek. Rising groundwater that does not exceed the turbidity of background levels as measured in the creek upstream of the quarry may be discharged to the creek. Dikes, levees, or other barriers shall be maintained to prevent silting of creeks and drainage channels by any surface mining operation.

Condition S-57: Changes in drainage and/or sedimentation control facilities shall be submitted in advance to Alameda County Flood Control and Water Conservation District for approval.

Condition S-58: Project site is within Special Drainage Area 7-1 and is subject to conditions imposed at the time of issuance of building permits.

Condition S-59: Any work within creek areas will require a Streambed Alteration Agreement with the California Department of Fish and Game Wildlife.

Condition S-60: Runoff from the intercepted drainage area east of Calaveras Road shall be picked up and transported around the site or otherwise controlled to the satisfaction of the Flood Control District.

Condition S-61: The Permittee shall be responsible for obtaining any necessary amendments and/or updates to the currently applicable NPDES permit for water management within the Project.

Condition S-62: Free movement of groundwater through the site in present quantities, as detectable in filter galleries of San Francisco Water Department, shall not be impeded by mining or reclamation activities.

Condition S-63: Work within or adjacent to a watercourse shall require a permit from Alameda County Flood Control and Water Conservation District pursuant to the Watercourse Protection Ordinance (Chapter 13.012 of the Alameda County Code of Ordinances).

Condition S-64: If cultural material is uncovered during earth removal, including removal of topsoil or overburden, work within 10 meters shall cease until the find can be examined by a qualified professional and his or her recommendations are followed, subject to approval by the Planning Director or Designee. If human remains are uncovered, the Coroner shall be called.

Condition S-65: The Permittee shall provide a Worker Cultural Resources Awareness Training Program prior to construction to assist in worker compliance with cultural resource identification and protection procedures. The training will provide illustrations and/or photographs of common types of historic and prehistoric artifacts that may be encountered during construction activities, and a protocol to be followed in the event of an unanticipated discovery of archaeological materials and/or human remains.

Condition S-66: Should any previously unknown historic or prehistoric resources be discovered during ground-disturbing activities, ground disturbance within 100 feet of these resources shall be stopped until a


professional archaeologist meeting the Secretary of the Interior’s Standards has an opportunity to evaluate the significance of the newly discovered resource.

a) If a find is determined to not be potentially significant by the consulting archaeologist, construction activities within the area can continue.

b) If a find is determined to be potentially significant by the consulting archaeologist, a mitigation plan meeting State requirements will be developed and implemented in consultation with the lead agency. If the resource cannot be avoided, a data recovery plan, aimed at collecting sufficient data to address prehistoric or historic research questions, will be prepared and carried out.

c) A professional technical report detailing the data recovery methods and results, and a discussion of the findings in terms of the research questions provided in the data recovery plan will be prepared by the consulting archaeologist.

d) All collected prehistoric and historic artifactual material will be curated at a qualified curation facility. Copies of field notes, and other relevant documentation, will also be provided with the artifact collection.

e) All prehistoric and historic discoveries will be documented on appropriate Department of Parks and Recreation forms (Form DPR 523) and filed with the NWIC.

Condition S-67: In the event that Native American human remains or funerary objects are discovered, the provisions of the California Health and Safety Code should be followed. Section 7050.5(b) of the California Health and Safety Code states that all excavation or disturbance of the site or nearby area cease, and that the coroner of the county in which the human remains are discovered should be contacted. If the remains are determined by the coroner to be Native American, the coroner must contact the NAHC. The NAHC will assign a Most Likely Descendant, who will make recommendations regarding the treatment of the remains.

Condition S-68: A qualified professional familiar with native plant community enhancement shall recommend a native tree and shrub planting enhancement plan for the entire bank area of San Antonio Creek on both sides of the Creek between Calaveras Road and Alameda Creek, and for the entire bank area of Alameda Creek on both sides of the Creek between San Antonio Creek and the site’s southern boundary as defined pursuant to the SFPUC lease. The enhancement plan should be based on a preliminary survey of relatively undisturbed segments of San Antonio Creek east of the project site on the San Francisco Water Department’s watershed land. The riparian community shall be self-supporting and composed of native vegetation appropriate for the region, to the extent feasible. Tree selection and density should be able to accommodate the variety of mammal and bird species that still move along these travel routes.

a) The planting plan shall be approved and monitored by the Community Development Director or Designee during the annual or five-year review, or as needed.

b) Revegetation of both banks shall be completed within two years of approval of the Revised SMP-30 permit, final lease approval by SFPUC and/or final approval of the Sunol Valley Restoration Plan.

c) The Permittee shall guarantee tree and shrub establishment for five years.

Condition S-69: The Permittee shall ensure that the following general measures are implemented as part of quarry operations to minimize or avoid impacts on biological resources:

a) Project-related vehicles shall observe a 15-mile-per-hour speed limit on unpaved roads in the work area, or as otherwise negotiated with the applicable regulatory agencies.


b) The Permittee shall provide closed garbage containers for the disposal of all food-related trash items (e.g., wrappers, cans, bottles, food scraps). All garbage shall be collected daily from the Project site and placed in a closed container, from which garbage shall be removed weekly.

c) Construction personnel shall not feed or otherwise attract fish or wildlife in the Project area. d) No pets or firearms shall be allowed in the Project area. e) Staging areas shall be located at least 50 feet from aquatic areas. f) If vehicle or equipment fueling or maintenance is necessary, it shall be performed in designated

staging areas.

Condition S-70: Upon approval of the Project, the Permittee shall initiate implementation of a NOx Monitoring and Reduction Plan (NOx Plan).

a) Throughout the first year of operation and then subsequently throughout each following year, the Permittee shall prepare an annual audit of the total aggregate, concrete and asphalt production from the Project. Based on that audit, the Permittee shall prepare a calculation of all Project-related NOx emissions from all Project sources including the aggregate plant, the concrete plant, the asphalt plant, on-site off road equipment and mobile sources (i.e., haul trucks). This calculation shall be used to compare the Project’s actual annual NOx emissions, as a net increase over the baseline emissions established in the EIR, to the applicable significance threshold.

i. Beginning in the first year (through June 2013), if the total annual aggregate production rate does not exceed 1.5 million tons, the threshold for NOx emissions is not expected to be exceeded and no further emission calculations or mitigation would be required for that year.

ii. In subsequent years, new emission standards promulgated by the US EPA and California Air Resources Board are expected to result in a substantial reduction in NOx emissions from the on-road truck fleet. With implementation of ARB emission standards by year 2016, if the annual total annual aggregate production rate does not exceed 2.25 million tons, the threshold for NOx emissions are not expected to be exceeded and no further emission calculations or mitigation would be required for that year.

iii. With implementation of ARB emission standards by year 2020, the thresholds for NOx emissions is not expected to be exceeded even at 3.0 million tons of total aggregate production per year (the Project maximum), and no further emission calculations or mitigation would be required.

b) If the Project’s NOx emissions, measured as the net increase over the EIR-established baseline, exceed the applicable threshold, the NOx Plan shall demonstrate how the Project will reduce or off-set those net emissions exceeding the threshold. Reductions may be achieved by any combination of, but not limited to the following:

i. replacing or retrofitting engines for on-site rolling stock or haul trucks,

ii. reducing overall production rates at the Project site so as to not exceed the threshold,

iii. providing off-site compensation by reducing NOx emissions elsewhere in the air basin as a “credit” against project emissions, and/or

iv. purchasing NOx offset credits. For example, the Permittee could off-set their emissions through the Bay Area Air Quality Management District’s (Air District) Carl Moyer Memorial Air Quality Standards Attainment Program (CMP) or other Air District emission reduction incentive programs. Under this example, the Permittee would provide funding for the emission reduction projects in an amount up to the emission reduction project’s cost-


effectiveness limit set by the California Air Resources Board (ARB) for the CMP during the year that the emissions from material hauling are emitted, and the funding would be used to fund projects eligible for funding under the CMP guidelines or other Air District incentive programs meeting the same cost-effectiveness threshold that are real, surplus, quantifiable, and enforceable.

c) The NOx Plan will be submitted to the Alameda County Community Development Agency or Designee on an annual basis.

d) Upon County approval of the NOx Plan, the Permittee shall implement specified measures as necessary.

Condition S-71: Upon approval of the Project, the Permittee shall initiate implementation of a Stationary Source GHG Monitoring and Reduction Plan (SS GHG Plan).

a) Throughout the first year of operation and then subsequently throughout each following year, the Permittee shall prepare an annual audit of the total throughput of asphalt through the plant. Based on that audit, the Permittee shall prepare a calculation of all stationary source emissions of GHGs from the drum mixer and the hot asphalt oil heater. This calculation shall be used to compare the Project’s actual annual stationary source GHG emissions to the applicable significance threshold.

i. If the total annual throughput of asphalt does not exceed 750,000 tons per year, the threshold for stationary source GHG emissions is not expected to be exceeded and no further emission calculations or mitigation would be required for that year.

b) If the Project’s stationary source GHG emissions, measured as the net increase over the EIR-established baseline, exceed the applicable threshold, then the SS GHG Plan must demonstrate how the facility will reduce or offset those net emissions exceeding the threshold. Reductions may be achieved by any combination of, but not limited to the following:

i. limiting total asphalt production at the plant to levels that would not result in exceeding the threshold,

ii. achieving on-site reductions in emissions through such means as more energy-efficient equipment, production of on-site sustainable energy or use of cleaner burning (i.e., bio-diesel) fuels.

iii. providing off-site compensation by reducing GHG emissions elsewhere as a “credit” against project stationary source emissions, and/or

iv. purchasing offsetting “carbon credits” as an off-site compensation. For example, the Permittee may be able to off-set their emissions through a Bay Area Air Quality Management District (Air District) grant program whereby the funding would be used to fund projects eligible for funding under the program’s guidelines meeting the same cost-effectiveness threshold that are real, surplus, quantifiable, and enforceable.

c) The SS GHG Plan will be submitted to the Alameda County Community Development Agency or Designee on an annual basis.

d) Upon County approval of the SS GHG Plan, the Permittee shall implement specified measures as necessary.

Condition S-72: Upon approval of the Project, the Permittee shall initiate implementation of a Mobile Source GHG Monitoring and Reduction Plan.


a) Throughout the first year of operation and then subsequently throughout each following year, the Permittee shall prepare an annual audit of the total aggregate, concrete and asphalt production from the Project. Based on that audit, the Permittee shall prepare a calculation of all Project-related mobile source GHG emissions from all Project sources including the aggregate plant, the concrete plant, the asphalt plant, on-site off road equipment and mobile sources (i.e., haul trucks). This calculation shall be used to compare the Project’s actual annual mobile source GHG emissions, as a net increase over the baseline emissions established in the EIR, to the applicable significance threshold.

b) If the Project’s mobile source GHG emissions, measured as the net increase over the EIR-established baseline, exceed the applicable threshold, the Mobile Source GHG Plan shall demonstrate how the Project will reduce or offset those net GHG emissions exceeding the threshold. Reductions may be achieved by any combination of, but not limited to the following:

i. achieving on-site reductions in emissions through such means as more energy-efficient equipment, production of on-site sustainable energy or use of cleaner burning (i.e., bio-diesel) fuels,

ii. providing off-site compensation by reducing GHG emissions elsewhere as a “credit” against project mobile source GHG emissions, and/or

iii. purchasing off-setting ‘carbon credits” as an off-site compensation. For example, the Permittee may be able to off-set their emissions through a Bay Area Air Quality Management District (Air District) grant program whereby the funding would be used to fund projects eligible for funding under the program’s guidelines meeting the same cost-effectiveness threshold that are real, surplus, quantifiable, and enforceable.

c) The Mobile Source GHG Plan shall be submitted to the Alameda County Community Development Agency or Designee on an annual basis.

d) Upon County approval of the Mobile Source GHG Plan, the Permittee shall implement specified measures as necessary.

Condition S-73: As part of the regular inspection of the quarry required under the Surface Mining Permit the Public Works Agency will annually inspect the pavement condition of Calaveras Road between the quarry access and the I-680 ramps. Required repairs will be identified by the County. The Permittee shall contribute to the cost of maintaining, repairing, strengthening, or reconstructing the subject segment of Calaveras Road, if the County inspection shows a need for such pavement improvements. Participation by Permittee in the cost of such pavement improvements shall be in proportion to the percentage of heavy truck traffic on Calaveras Road contributed by the quarry operations as compared to the total traffic on the road, and 100 percent towards any road damage directly attributed to the operations.

Condition S-74: Based on the recommendations of the Project geologists, an annual review of the stability of cut slopes is recommended to determine if exposed conditions indicate that the proposed quarry slopes should be modified.

Condition S-75: A noise survey shall be conducted within 30 days after the plant site and its processing facilities have been moved to the south. At that time, with the final plant layout in place, a determination shall be made as to whether or not additional noise barriers or other noise control measures for the equipment are required to reduce noise levels at affected sensitive receptors to acceptable levels (i.e., to 50 dBA in the daytime and 45 dBA at nighttime), and the exact locations and types of noise control measures, as may be needed, shall be determined.


Condition S-76: The method to be used to mitigate Phase II noise impacts shall be noise barriers. Normally, noise barriers are located close to, or on the equipment itself. Typically, the barriers are wood, metal, or quilted noise control blankets. Sometimes, material stockpiles can also be used as a noise barrier.

Condition S-77: During Phase II, which assumes only one access point to/from the site, consider keeping the existing driveway as a secondary access for emergency vehicles only.

Condition S-78: Upon initiation of Phase II of the Project’s operations the Permittee shall initiate implementation of a Toxic Air Contaminant Monitoring and Reduction Plan (TAC Plan).

a) Throughout the first year of Phase II operations and then subsequently throughout each following year, the Permittee shall prepare an annual audit of the total aggregate, concrete and asphalt production from the Project. Based on that audit, the Permittee shall prepare a risk assessment for lifetime cancer risk for a lifetime resident from all Project sources including the aggregate harvesting operations, aggregate plant, the concrete plant, the asphalt plant, on-site off road equipment and mobile sources. This risk assessment calculation shall be used to compare the Project’s actual incremental lifetime cancer risk, as a net increase over the baseline risk established in the EIR, to the applicable significance threshold.

b) If risk assessment indicates that the Project’s net increase in incremental health risk exceeds the applicable threshold, the TAC Plan shall demonstrate how the Project will reduce emissions to below the threshold level. Reductions may be achieved by any combination of, but not limited to the following:

i. replacement or retrofit of engines used in one of the two scrapers, such that they meet a minimum of US EPA Tier 4 interim emissions standard, or

ii. replacement or retrofit of engines used on other on-site rolling stock, such that they meet a minimum of US EPA Tier 4 interim emissions standard and result in maintaining risk levels below the applicable standards, or

iii. reducing overall production rates at the Project site so as to not exceed the threshold.

c) The TAC Plan shall be submitted to the Alameda County Community Development Agency or Designee on an annual basis.

d) Upon approval, the Permittee shall implement specified measures as necessary.

Condition S-79: To prevent the inundation of the processing area and the potential release of hazardous materials to water in the basin (once the processing area is relocated to the south end of the mining basin at an elevation of 220 ft. msl) due to a 100-yr storm event, one or more of the following measures shall be taken:

a) Bulk storage for Portland cement, asphalt oil, fuels, and other chemicals shall be maintained outside of the basin perimeter. Only those materials needed for daily operations shall be stored and maintained in the processing area once it is relocated to the south end of the basin. If reliable weather predictions call for the potential for a 100-year storm event, or a series of events that could potentially yield equivalent flood flows, then all hazardous materials shall be removed from the processing area; or

b) The processing area should not be relocated to the south end of the basin until sufficient excavation has been completed such that the basin volume below the elevation of the processing area (approximately 220 ft. msl) is greater than at least 6,000 acre-feet. At a volume of 6,000


acre-feet, the basin would be capable of holding the total volume of water that could potentially enter the basin during a 100-year storm, without overtopping into the processing area.

Condition S-80: Mining operations shall be conducted in such a manner that the South Basin quarry pit and the North Basin wash water pond can be converted to use for SFPUC water storage at any period of operations, although the reclamation goal is to maximize water storage capacity by expanding and deepening the quarry pit to the maximum allowed under the Revised SMP-30 permit.

Condition S-81: Unless further revised, this Surface Mining Permit shall terminate July 16, 2042 or upon completion of reclamation, whichever comes first. The following post-mining reclamation activities shall occur not later than two years after completion of surface mining.

Condition S-82: Upon completion of mining and processing operations at the Project site and pursuant to implementation of the Reclamation Plan, all mobile equipment associated with mining, any conduits and wiring not used as part of the ultimate Reclamation Plan, and stationary structures and foundations at the processing plant (including the scale and administration buildings), shall be removed.

Condition S-83: Upon completion of mining and processing operations at the Project site and pursuant to implementation of the Reclamation Plan, all hazardous materials and above ground storage tanks shall be removed and the site shall be cleaned of hazardous material.

a) Prior to closure of any above ground storage tank used to hold hazardous material, the Permittee shall obtain a tank closure permit from the County DEH and shall comply with all applicable tank closure guidelines.

b) The Permittee shall obtain a closure permit for all above ground hazardous materials storage facilities.

c) Fuel tanks and other hazardous materials containers shall be transported by licensed haulers to an approved disposal or recycling facility in accordance with all applicable laws and regulations.

d) Any reported releases of hazardous substances which may have occurred during Project operations shall be fully remediated according to the corrective actions proscribed by the identified lead agency, and a case closure letter from the lead agency obtained.

Condition S-84: Site preparation and reclamation of on-site roads shall occur as follows:

a) Surfaces created by mining (i.e., the North Basin and the South Basin) are intended to accommodate subsequent land use as managed water storage reservoirs for use by the San Francisco Public Utilities Commission (SFPUC). No revegetation within these basins shall occur, as vegetated surfaces would be contrary to the intended post-reclamation use.

b) The East Basin (used as a settling basin during mining and processing operations) shall be backfilled as necessary to match existing grade.

c) Areas surrounding the basins shall be scarified and de-compacted as necessary for revegetation and to control erosion into the water storage reservoirs.

d) Main roads used to access the site shall remain at the conclusion of mining operations to facilitate use and management of the post-reclamation water storage reservoirs.

Condition S-85: Erosion control facilities shall be constructed as required. Temporary measures such as silt fences, berms, hay bales or similar means to deter erosion may be employed as necessary at locations of identified concern depending upon the final configuration of the grading work and roadways.


Condition S-86: Detailed methods and specifications of revegetation and restoration of the site shall be prepared by a professional agronomist and submitted for approval by the Community Development Director or Designee before being implemented by the Permittee.

a) All final reclaimed banks and bare soil areas shall be planted with native grassland grass and forb species to the extent feasible in order to reduce erosion.

b) A qualified professional familiar with native grassland re-establishment shall recommend a seed mix, rates and methods of application, preparation of soil, and the best time of year for planting.

Condition S-87: The success of revegetation effort shall be as specified on the Phasing and Reclamation Plan (Sheet 4) for Revised SMP-30, shall be guaranteed by the Permittee and shall be achieved prior to release of revegetation financial assurances, and shall include:

a) The amount of vegetation cover (75%) and density, b) plant health, c) natural reproduction (if pure live seed falls below 80%, seeding rates shall be increased), and d) species diversity (minimum of two species)

Condition S-88: The Permittee shall implement the following measures to prevent the spread of new populations of noxious weeds and invasive plants, and to reduce existing infestations in the quarry to the extent feasible:

a) Inactive, disturbed areas shall be seeded to reduce the potential for the spread and establishment of noxious weeds and invasive plants.

b) Seed mixtures shall be certified weed-free. c) Only introduced materials that are free of noxious and invasive plants shall be accepted. d) Where feasible, perimeter roads shall be graded and kept clear to maintain a buffer along property

lines as an additional means to contain the spread of noxious weeds.

Condition S-89: The Permittee shall evaluate the success of revegetation treatments and refine the Reclamation Plan as necessary to achieve the success ratios specified. Existing information about plant species diversity at the site shall be used as baseline information to compare reclamation success.

a) Test plots consisting of planted surfaces shall be used to confirm that the recommended application rates and specific seed mix meets the intended surface stabilization goals for erosion control and the revegetation success rates.

b) The reapplication of topsoil and revegetation process shall be inspected by a qualified professional during site reclamation.

c) The Community Development Director or Designee shall monitor the revegetation as part of the annual review, or as needed. The success of revegetation shall be evaluated and determined by the County.

Condition S-90: As part of its annual financial assurance cost estimate (FACE), the Permittee shall include the full cost of removal of the weather protection covers in its FACE and associated financial assurance mechanism. In addition, the Permittee shall submit a letter application to the Community Development Director or Designee prior to relocating the covers and shall provide the location of the covers and document compliance with all applicable conditions of approval and County of Alameda Surface Mining Ordinance requirements regarding visual screening. The Permittee must obtain from Alameda County Public Works, Building Inspection Division, and all agencies having jurisdiction for


each and every installation and relocation, all required approvals, reviews, permits, and inspections for the shelter engineering, design, and installation.

Condition: S-91: In conjunction with progressive reclamation and subsequent to the cessation of mining and the Permittee obtaining appropriate zoning that will authorize the processing of imported materials at SMP-30 that are mined at SMP-17, the Permittee shall file an application to amend SMP-30’s reclamation plan, complete reclamation, and provide the County a letter stating its intent to commence mining at SMP-17 prior to any anticipated activities. This order of events will ensure that the County can complete review of the documentation required by the conditions of approval and prepare the applicable compliance document required by the California Environmental Quality Act (CEQA) before the date the Permittee desires mining operations to begin. Pursuant to CEQA Guidelines Section 15162(a), any further CEQA evaluation will be limited to revisions related to changed circumstances, new information, new impacts, and/or more severe impacts that were not included in the prior CEQA evaluation. The Permittee shall not operate at SMP-17 until the compliance document discussed herein is approved. Should the Permittee file an application to revise SMP-30 or SMP-17, a CEQA document shall be prepared to evaluate the proposed revisions prior to commencing any operations at the sites.

ADOPTED BY THE FOLLOWING VOTE:

AYES: NOES: EXCUSED: ABSENT: ABSTAINED:


ATTACHMENT D

Condition Compliance Reporting Period - (July 1, 2017 to June 30, 2018) County Staff Site Visit: 2018 Site Visit Scheduled For June 28th

1 SMO = Surface Mining Ordinance; ZO = Zoning Ordinance; SMP = Surface Mining & Reclamation Permit; MP = Mining Plan; RP = Reclamation Plan 2 BEF = Pre-operating Requirement; OPR = Operating Condition; REC = Post-Operating/Reclamation Requirement 3 A = Condition Not Yet Applicable; Documentation Not Required; B = Condition Fulfilled; Documentation on File at County; C = Condition Fulfilled; Field Verification

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Sunol Aggregates SMP-30

SMP Conditions of Approval - Compliance Statement Matrix

Condition No. Source 1 Compliance

Timing 2 Requirement/Condition Condition Intent Compliance Status 3 Compliance Notes

GENERAL

1 SMP OPR Until such time as the approvals and executed agreements listed below have been fully completed, surface mining operations, reclamation and grades shall continue to be conducted in substantial conformance with the various maps, information and recommendations labeled; “Exhibit A”, being the maps labeled “Plot Plan & Cross Sections for Surface Mining Permit, Santa Clara Sand & Gravel Company, as approved by the Planning Commission on July 7, 1986”; “Exhibit B”, being the applications dated May 23, 1986; “Exhibit C”, being the maps labeled “Site Plan”, (Sheet 1), dated January 2, 1991 and “Reclamation and Revegetation Plan” (Sheet 2), dated October 1990, Santa Clara Sand & Gravel Company, and “Exhibit D” being the application dated November 13, 1990; and any and all Conditions for SMP-30 as approved by Alameda County pursuant to Resolution No. 92-32 for the Santa Clara Sand and Gravel Company, November 16, 1992 (SMP-30). Approvals and executed agreements necessary prior to these Revised SMP-30 Conditions of Approval included herein taking effect are the following:

a. Approval and issuance of Revised SMP-30 Surface Mining Permit by Alameda County,

b. Approval of the Revised SMP-30 Lease by the San Francisco Public Utilities Commission and the City and County of San Francisco Board of Supervisors, and

c. The execution of a revised Lease for Revised SMP-30 by and between Oliver de Silva, Inc. and the San Francisco Public Utilities Commission.

To determine when the Revised SMP-30 Conditions of Approval apply.

C

a. July 16, 2012 b. July 30, 2013 c. August 16, 2013

2 SMP OPR Upon completion of all approvals and executed agreements identified in Condition 1 above, surface mining operations, reclamation and grades shall be in substantial conformance with the various maps, information, recommendations and agreements labeled:

To determine when the Revised SMP-30 Conditions of Approval apply.

B Ongoing



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a. Surface Mining Permit Map (Sheet 1), dated August 26, 2011;

b. Site Conditions (Sheet 2), dated August 26, 2011;

c. Mine Plan (Sheet 3), dated August 26, 2011;

d. Phasing and Reclamation Plan (Sheet 4), dated August 26, 2011;

e. Revised SMP-30 Application, dated August 30, 2011; and

f. Conservation Plan for Sunol Quarry SMP-30 Site, A Conservation Plan by Oliver de Silva, Inc. to Enhance the Biological Resources of the Sunol Quarry SMP-30 Project Area in Alameda County, California, December 15, 2008.

3 SMP OPR/REC Surface mining operations and the Reclamation Plan shall conform to the Alameda County Surface Mining Ordinance (ACSMO) except as may hereinafter be more specifically provided.

To ensure conformance with applicable local surface mining and reclamation regulations.

C Surface mining and reclamation activities are carried out in conformance with the ACSMO and applicable reclamation plan.

4 SMP OPR/REC The Permittee shall furnish the Community Development Director with a report describing compliance with these conditions by July 16 of each year, beginning July 16, 2013. With each report, the Permittee shall provide a map at the same scale as the approved Mining and Reclamation Plans, showing current progress of mining and reclamation; drainage, erosion and sedimentation control facilities to be provided and those already in place; landscaping installed during the reporting period and the condition of all prior landscaping.

a. The Community Development Director shall review the report and inspect the mining operations to determine and assure continuing compliance with the regulations of the ACSMO. The Permittee shall make available to the Community Development Director such information as necessary for determination of compliance.

b. The Community Development Director shall state the findings of the inspection in a final report that shall be made available to the public. One copy of said report shall be sent to the Planning Commission and the Permittee within 45 days after the inspection.

To provide for an annual review of mining and reclamation activities and ensure compliance with applicable conditions of approval.

C This report fulfills Condition No. 4. See Attached Aerial for progress



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5 SMP OPR/REC At approximately five year intervals after approval of Revised SMP-30 beginning on or about July 16, 2017, the Planning Commission shall review compliance with the Revised SMP-30 Surface Mining Permit and Reclamation Plan, and consider any new or changed circumstances that should be accommodated by the permit or plans. The review shall include a public hearing by the Planning Commission. Permittee shall pay actual cost of reviews. As a result of this process, the Planning Commission may modify the Mining or Reclamation Plan or guarantees thereof to conform to the ACSMO, and such modified permit or plan shall be binding upon the operation.

To fulfill the requirements of ACSMO §6.80.190.

A This condition is not applicable during this reporting period (i.e., 2016/2017).

6 SMP OPR/REC If problems develop regarding mining or reclamation as may be determined by the Planning Director, Permittee shall take corrective action with all due haste, in good faith. Permittee shall implement solutions as approved by the Planning Director.

To ensure compliance with ACSMO §6.80.250.

A No corrective actions have been needed during the reporting period.

7 SMP OPR The Permittee shall provide a written statement that they accept responsibility for reclaiming the site as indicated on the approved Mining and Reclamation Plan, and shall guarantee all reclamation in accordance with said plan. Said responsibility shall run with the land under permit as a covenant thereupon until release of the covenant is recorded by Alameda County.


B Noted, permittee is in compliance. Statement Provided June 11, 2010

8 SMP OPR The Permittee shall guarantee timely performance of reclamation requirements of the Alameda County Surface Mining Ordinance and these conditions of approval by providing a mechanism for financial assurance of reclamation as described in, and in accordance with, Surface Mining and Reclamation Act (SMARA) and the Alameda County Surface Mining Ordinance. The mechanism shall be of sufficient value to cover the full costs of reclamation in any specific year for which it is calculated, and may take any form acceptable within the requirements of SMARA, including but not limited to escrow accounts, trust accounts, performance / surety bonds and/or Irrevocable Letters of Credit.

To ensure adequate financial assurance in the event reclamation obligations are not fulfilled; to ensure compliance with ACSMO §6.80.241 and SMARA.

B Paid Annually. See Attached copy of SMARA Report (FACE)



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9 SMP OPR/REC The Permittee shall pay an administrative fee as required by Section 6.80.242 of the Alameda County Health and Safety Code, Surface Mining Ordinance Code.


B Paid Annually in February

10 SMP OPR/REC The Permittee shall pay to the County of Alameda reasonable and actual costs incurred by the County for review, approval administration and monitoring of all programs, including inspections required pursuant to these Conditions. This may require the hiring of additional personnel on either a part-time or full-time basis. The Community Development Director is hereby expressly authorized to utilize his own employees, other agencies, and/or private consultants, as necessary, to conduct such reviews, inspections, and administration, and to make necessary approval determinations. The Permittee shall be notified prior to any unusual or extraordinary expenditure of funds.

To ensure costs associated with implementation of the ACSMO are paid by Permittees.

B Paid Annually

11 SMP OPR/REC Permittee shall maintain the $5,000 cash bond with Alameda County to clean up any spillage that may occur on, or repair any extraordinary deterioration to the County haul routes lying between the site and I-680. Said bond is to be replenished to its full amount when it diminishes to $2,000.00. A certificate of deposit may be utilized in lieu of a cash bond subject to approval of the Community Development Director.

To provide for the repair of nearby public roads utilizes by the mine.

B Cash deposit-County asks to replenish when funds get low.

12 SMP OPR/REC Permittee shall contribute to the costs of reconstructing and widening Calaveras Road when determined necessary by the Community Development Director. Costs will be shared proportionately by other quarries that gain access from Calaveras Road based on use.

To provide for the proportionate contribution towards the improvement of Calaveras Road.

A Permittee was not requested to contribute during this reporting period.

13 SMP OPR/REC This Surface Mining Permit shall terminate July 16, 2042 or upon completion of reclamation, whichever comes first, and final reclamation shall occur not later than two years after completion of the surface mining. Permittee shall notify the Community Development Director upon completion of mining. All stockpiles and equipment shall be removed from the site upon completion of reclamation. This permit shall be subject to revocation or suspension as specified in Section 8-121.2 of the ACSMO.


A Mining is active and will be so for the foreseeable future.



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14 SMP OPR The end use of the site upon complete reclamation is hereby assumed to be water management, water storage and recreational trails. Any other use must be approved by the County of Alameda.


n/a n/a

15 SMP REC Permittee shall submit a copy of the lease agreement with the San Francisco Water Department to the Alameda County Community Development Agency.

To document compliance with Condition No. 1

B A copy of the lease was provided to The County on 11/19/2013.

16 CEQA OPR/REC In addition to the conditions specified herein, the Permittee shall implement all conservation strategies including avoidance, minimization and mitigation measures as specifically described in the Conservation Plan for Sunol Quarry SMP-30 Site as prepared by and between Oliver de Silva, Inc., the Alameda Creek Alliance and the Center for Biological Diversity intended to protect and enhance the biological resources in the vicinity. Implementation of all Conservation Plan strategies as contained in that Plan are hereby made conditions of approval for the Revised SMP-30 permit.

a. ODS will provide a copy to the ACA and CBD of all reports, surveys and monitoring data at that time that ODS submits to state, federal and County regulatory agencies and the SFPUC regarding Revised SMP-30.

b. The USFWS and CDFG typically require a number of survey and avoidance measures to reduce the likelihood of take of special-status species before issuance of permits, authorizations or a biological opinion. ODS will implement the following mitigation measures to avoid take of special-status species. ODS will fund, comply with and implement all of the pre-project avoidance measures for sensitive species detailed in Appendix A, so long as they do not conflict with other legal requirements. These measures may include exclusion of special-status species from mining and equipment areas before mining activities, potential relocation of special-status species, pre-activity surveys, and observation of vehicle speed limits on internal roads within the project area.

As a component of the Project Description analyzed in the EIR, implementation of this condition supported the resulting impact analysis.

B Noted, permittee will comply, as needed. Reports and Surveys have been submitted to the ACA and CBD in order to start operations. Condition #22 addresses these requirements



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c. After Approval of the current SMP-30 Lease by the SFPUC and S.F. Board, ODS will contribute up to $2 million in funding toward the lower Alameda Creek fish passage projects at the Alameda County Flood Control District (“ACFCD”) BART weir and the Alameda County Water District (“ACWD”) upper rubber dam (“ACWD Projects”) for which ACWD will be the lead agency. ODS will provide funding in an amount sufficient to meet the funding shortfall for completing construction of the ACWD Projects, but not to exceed $2 million, in a manner to be further negotiated between the Parties and approved by the appropriate government agencies. Funding will be provided to the ACWD after all permits, easements and other necessary approvals are obtained by the ACWD, the contract for the work has been awarded by ACWD, and all other available funding has been disbursed by ACFCD and ACWD. If required, ODS will provide a Letter of Credit or other payment security to ACWD.

d. After Approval of the current SMP-30 Lease by the SFPUC and S.F. Board, ODS and/or the SFPUC will provide $1 million in funding and/or equipment and services (as approved by the lead agencies on the project) to further a fish passage project at the PG&E gas pipeline crossing of Alameda Creek in the Sunol Valley, in a manner to be further negotiated between the Parties and approved by the appropriate government agencies. Funding will be provided after all permits, easements and other necessary approvals are obtained and all other available funding has been disbursed. If PG&E agrees to a fish passage project at the pipeline crossing that removes all infrastructure from the Alameda Creek streambed (i.e. a project that buries the gas pipeline crossing under the streambed), ODS will provide PG&E with the full amount of $1 million toward the fish passage project. If PG&E approves a fish passage project that maintains infrastructure in the creek or any barrier which requires a fish ladder for steelhead migration, ODS will provide PG&E with $500,000 toward the fish passage project,

ODS is awaiting the start of these projects ODS is awaiting the start of these projects



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and the remaining $500,000 will go to the SFPUC for implementing enhancement measure AC-6 below, the Sunol Valley Restoration Plan. In any event, any portion of the $1 million that is not used for the PG&E Project shall be used for measure AC-6 below. Of the $1 million of funding, not more than $750,000 will be required to be funded by ODS prior to Approval of Revised SMP-30; $250,000 will be provided by ODS after Approval of Revised SMP-30. If required, ODS will provide a Letter of Credit or other payment security.

e. ODS will fund and implement the Revised SMP-30 Lease terms regarding Alameda Creek restoration and remediation, as may be required and approved by SFPUC. These terms are expected to include: installation of a bentonite cut-off wall approximately 7,800 feet long at an estimated depth of 35 to 45 feet to prevent water inflow from Alameda Creek into the SMP-30 quarry pit; a second 2,300 foot long slurry cutoff wall along the left bank of San Antonio Creek if required; restoring the right bank of Alameda Creek and the left bank of San Antonio Creek adjacent to the SMP-30 lease with native vegetation; restoring a more natural stream function that is compatible with and enhances habitat quality in these stream reaches; contributing $200,000 in funding to a SFPUC restoration planning for the reach of Alameda Creek in the Sunol Valley; and accommodating possible future public access trails through the area that may be desired by the East Bay Regional Park District.

f. After Approval of Revised SMP-30, ODS will additionally re-vegetate the left bank of Alameda Creek and the right bank of San Antonio Creek, adjacent to the SMP-30 lease, with native vegetation. Re-vegetation will be completed, according to success criteria to be agreed upon by the Parties, within two (2) years of the approval of the Revised SMP-30 Lease. Watering, monitoring and replacement of vegetation will be conducted until 2030, if needed to maintain vegetation in good condition.

ODS has made a $200k contribution to SFPUC for restoration planning Cannot be addressed until Sunol Valley Restoration Plan is complete



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g. Not later than one (1) year after the date of Approval of the Revised SMP-30 and the Revised SMP-30 lease extension, ODS (per the SFPUC lease conditions) will fund a study of the geomorphology of Alameda Creek to determine the need for stabilization and reconfiguration of the creek within the entire gravel quarry reach of Alameda Creek in the Sunol Valley. At that time, ODS will hire a consultant (reasonably approved by all Parties and the SFPUC) to develop a streambed restoration and re-vegetation plan for this reach (“Sunol Valley Restoration Plan”).

h. After Approval of Revised SMP-30 and the Revised SMP-30 lease extension, ODS will support a Sunol Valley Restoration Plan to be commenced by the SFPUC, with financial support from ODS and other quarry lease holders in the Sunol Valley. The Restoration Plan will include streambed repair, grade stabilization, riparian re-vegetation, migratory fish passage, and fish habitat enhancement of the Alameda Creek stream reach in the Sunol Valley – including both banks of Alameda Creek from the Sunol Valley Water Treatment Plant downstream to the Sunol Water Temple. The Plan will also consider SFPUC long-term plans for reclaiming quarry pits in the Sunol Valley and possible future public access trails through the area that may be desired by the East Bay Regional Park District. The SFPUC will be the lead agency for the restoration plan and the SFPUC, ODS, EBRPD and other quarry lease holders in the Sunol Valley will negotiate cost-sharing for funding of the Sunol Valley Restoration Plan. Any remaining funding from measure AC-2 above not used for the PG&E fish passage project will be used for funding of the Sunol Valley Restoration Plan.

i. ODS will provide a copy to the ACA and CBD of all reports, surveys and monitoring data at the time that ODS submits to state, federal and County regulatory agencies and the SFPUC

Study has been funded and awaiting the Sunol Valley Restoration Plan Contribution has been made to the development of the Sunol Valley Restoration Plan Reports, surveys and monitoring data has been provided to the ACA and CBD



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regarding Further Revised SMP-30.

j. ODS will fund and implement the Further Revised SMP-30 Lease terms regarding Alameda Creek restoration and remediation, as may be required by the SFPUC.

k. After Approval of Further Revised SMP-30 and the Further Revised SMP-30 lease extension, ODS will continue to support a Sunol Valley Restoration Plan to be commenced by the SFPUC, with financial support from ODS and other quarry lease holders in the Sunol Valley.

l. Prior to any construction or mining activities under Revised

SMP-30, ODS will hire a qualified biologist to conduct pre-construction surveys within and adjacent to the SMP-30 site to ensure that no red-legged frogs, yellow-legged frogs or tiger salamanders are present within the mining site, equipment areas, or along roads used to access the site. These surveys shall be shared with the Conservation Groups at the time that ODS submits the surveys to the public agencies.

• Surveys shall be completed for all life cycle stages of CRLF and FYLF (e.g., egg masses, tadpole, juveniles, and adults) that may occur within or adjacent to the project area.

• Surveys will be completed for all life cycle stages of CTS, appropriately timed with respect to salamander activity and proposed construction activities.

• The name and credentials of a biologist qualified to act as a construction monitor shall be submitted to the USFWS for approval at least 15 days prior to commencement of work.

• The USFWS-approved biologist shall conduct pre-construction surveys within aquatic habitat in the project area, at least two weeks prior to the onset of construction activities.

• If adult CRLF, FYLF, or CTS tadpoles or eggs are found

Cannot be addressed until Sunol Valley Restoration Plan is complete Cannot be addressed until Sunol Valley Restoration Plan is complete Surveys have been ongoing and reports have been provided



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within the construction disturbance zone, the USFWS-approved biologist shall contact the USFWS to determine if moving any of these life stages is appropriate. If the USFWS approves moving the animals, the approved biologist shall be allowed sufficient time to move them from the construction sites before work activities begin. If no CRLF, FYLF or CTS are detected during these surveys, construction-related activities may proceed without further requirements for the protection of individuals.

• The USFWS-approved biologist will remove and destroy from within the project area any individuals of non-native species, such as bullfrogs, crayfish, and centrarchid fishes, to the maximum extent possible.

• Exclusionary fencing, such as silt fences, shall be installed around all construction areas that are within 150 feet of or adjacent to documented CRLF, FYLF, or CTS habitat. Once fencing is in place, it shall be maintained by ODS until completion of construction within or adjacent to the exclosure.

m. ODS will implement a worker education program regarding special-status amphibians in the vicinity of the SMP-30 project site, and will implement a vehicle speed limit on all internal roads within and adjacent to the SMP-30 project site during winter, to reduce the likelihood of road kill of migrating amphibians.

n. No more than two weeks prior to any construction or mining activities under Revised SMP-30, a qualified wildlife biologist will conduct preconstruction surveys of all potential bird nesting habitat within the Revised SMP-30 project area. These surveys shall be shared with the Conservation Groups. If construction activities (i.e., ground clearing and grading, including removal of trees or shrubs) are scheduled to occur during the non-breeding season (September 1 through January 31), no measures are required. If construction activities are

ODS provides employees with this training annually Surveys have been ongoing and reports have been provided



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scheduled to occur during the breeding season (February 1 through August 31), the project proponent will implement the following measures to avoid potential adverse effects on any special-status birds which may occur:

• If active nests are found during preconstruction surveys, the project proponent will create a no-disturbance buffer (acceptable in size to the CDFG) around nests of special-status birds during the breeding season, or until it is determined that all young have fledged. Typical buffers are 250 feet for passerine nesting birds and 300 feet for raptors. The size of these buffer zones and types of construction activities restricted in these areas may be further modified in coordination with the CDFG and will be based on existing noise and human disturbance levels at the project site. Nests initiated during construction are presumed to be unaffected, and no buffer would be necessary.

• If preconstruction surveys indicate that nests are inactive or potential habitat is unoccupied during the construction period, no further mitigation is required. Trees and shrubs within the construction footprint that have been determined to be unoccupied by special-status birds or that are located outside the no-disturbance buffer for active nests may be removed.

17 SMP OPR/REC Commencing ten (10) days after the “Approval” of Revised SMP-30, the Permittee shall pay the total sum of $50,000 per year to a Community Improvement Fund established by the County of Alameda for the benefit of Sunol. These payments shall be made and adjusted as follows: the annual payment amount shall begin at $50,000 per year with no adjustment for a period of five years; increased by two percent (2%) per year for years six through ten; and commencing on the tenth anniversary of Approval of Revised SMP-30, adjusted annually by the increase (if any) of the Consumer Price Index – All Urban Consumers (or equivalent substitute index) during the immediate preceding year. The purpose of the Community Improvement Fund will be to enhance the community environment of Sunol though projects initiated by the

Voluntary payment to benefit the nearby Town of Sunol.

B Regulatory permits have been obtained and the Town of Sunol has been notified. Last Payment was October 2017



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community that will enrich and enhance the environment for the residents of Sunol. The Sunol Citizens’ Advisory Committee (SCAC) will facilitate implementation of the Community Improvement Fund program by overseeing the application process, evaluating proposals for funding and making recommendations to the County based on Alameda County-established criteria and guidelines. All proposals reviewed by the SCAC and submitted to the County shall be placed before the Board of Supervisors for its final determination.

* As used in this condition, “approval” shall include approval and issuance of Revised SMP-30 Surface Mining Permit by Alameda County, approval of the Revised SMP-30 Lease by the San Francisco Public Utilities Commission and the City and County of San Francisco Board of Supervisors, the execution of a revised Lease for Revised SMP-30 by and between Oliver de Silva, Inc. and the San Francisco Public Utilities Commission; and the receipt of any other federal, state or local permits, agreements, contracts, certifications, entitlements or other approvals reasonably necessary for the development, construction and operation of Revised SMP-30.

18 SMP REC The Permittee shall defend, indemnify, and hold harmless Alameda County or its agents, officers or employees from any claim, action or proceeding against Alameda County, or its agents, officers or employees to attach, set aside, void, or annul this Surface Mining Permit including any amendments thereto, or underlying environmental documents and actions taken pursuant to the California Environmental Quality Act, Alameda County Surface Mining Ordinance, the California Surface Mining and Reclamation Act, other County Ordinance requirements, and any combination thereof. Such indemnification shall include but not be limited to any such proceeding. If permittee shall fail to adequately defend the County of Alameda, the County may provide its own legal defense and permittee shall be responsible for the County‘s reasonable attorney‘s fees.

To ensure claims, actions or proceedings against Alameda County are properly defended by the Permittee.

A Permittee will comply, as needed.



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PRIOR TO OR DURING SITE PREPARATION AND CONSTRUCTION ACTIVITIES

FOR PURPOSES OF THE FOLLOWING CONDITIONS, THE FOLLOWING ACTIVITIES ARE SPECIFICALLY DEFINED AS EITHER SITE PREPARATION AND/OR CONSTRUCTION ACTIVITIES AS OPPOSED TO ON-GOING QUARRY OPERATIONS:

• REMOVAL OF VEGETATION (INCLUDING TREES), TOPSOIL AND OVERBURDEN FROM AREAS PREVIOUSLY UNDISTURBED BY MINING ACTIVITY

• REMOVAL AND RELOCATION OF UTILITY LINES AND WATER TRANSMISSION LINES

• GRADING, CONSTRUCTION OF PLATFORMS AND OTHER SURFACES, AS WELL AS THE CONSTRUCTION OF NEW ON-SITE EQUIPMENT (E.G., THE NEW ASPHALT PLANT, CONCRETE BATCH PLANT, CLARIFIERS, ETC.),

• INSTALLATION OF SLURRY WALLS,

• REMOVAL AND/OR CONSTRUCTION OF NEW STRUCTURES (E.G., OFFICES, TRUCK SCALES, QUALITY CONTROL LABS, ETC.), AND/OR

19 SMP OPR The fence installed at least five feet beyond the drip line of the oak tree located immediately south of the existing entrance road to the quarry along Calaveras Road shall be maintained to preserve and protect the tree from disturbance from equipment and stockpiles, and soil within this fenced area shall not be disturbed.

To protect the referenced oak tree from harm.

B Noted, permittee is in compliance.

20 CEQA MM

GEO-4B

OPR The removal of vegetation and overburden from the 58-acre expansion site shall occur no more than one month prior to commencement of excavation and raw aggregate harvesting activities from the expansion of the quarry pit into this area. Alternatively, if vegetation and overburden removal is to occur more than one month prior to excavation, the Permittee shall take measures such as watering the soil or applying soil binders or chemical stabilizers, as approved by the Community Development Director to control dust during the stripping and subsequent transporting of the overburden and topsoil

To prevent significant impacts resulting from soil erosion.

B Work in this area started October 14, 2013

21 CEQA MM

BIO-1C

OPR Not more than one week prior to tree removal or removal of any abandoned structure, a County-approved qualified biologist (i.e., one familiar with the identification of bats and signs of bats) shall survey the tree or structure to be removed in the Project area for the presence of roosting bats. Bats may be present any time of the year. The biologist shall thoroughly search trees or structures that provide appropriate habitat (trees with foliage or cavities or that are hollow) for the presence of roosting bats or evidence of bats.

a. If no roosting bats or evidence of bats are found, the removal of

To prevent significant impacts to roosting bats.

B Noted, permittee is in compliance. Report was given to The County in October 2013



Page 14 of 42



trees or structures may proceed.

b. If bats are found or evidence of use by bats is present, the biologist shall map and mark the tree or structure with flagging. The Permittee shall ensure that the trees or structures are not removed until the CDFG has been consulted for guidance on measures to avoid and minimize disturbance of the special-status bats. Measures may include monitoring trees or structures and excluding bats from a tree or structure until it is removed and/or timing tree or structure removal and use of a construction buffer to avoid disturbance of young before they are able to fly.

22 CEQA MM

BIO-1B

OPR At the beginning of each workday that includes initial site preparation and/or construction activity as defined above, a USFWS- and CDFG-approved biologist shall conduct on-site monitoring for the presence of California tiger salamander and California red-legged frog in the area where ground disturbance shall occur, as follows:

a. Exclusion fencing shall be inspected to ensure it does not have any tears or holes, that the bottoms of the fences are still buried, and that no individuals have been trapped in the fences.

b. Any California tiger salamander and California red-legged frog along and outside the fence shall be closely monitored until they move away from the construction area.

c. All open trenches or holes and areas under parked vehicles shall be checked for the presence of California tiger salamander and California red-legged frog.

d. All excavated or deep-walled holes or trenches greater than 2 feet in depth shall be covered at the end of each workday using plywood or similar materials, or escape ramps shall be constructed of earth fill or wooden planks. Before such holes are filled, they shall be thoroughly inspected for trapped animals.

e. Project personnel shall be required to immediately report any harm, injury, or mortality of a special-status species during construction (including entrapment) to the construction foreman or biological monitor, and the construction foreman or biological monitor shall immediately notify the Permittee. The Permittee shall provide verbal notification to the USFWS Endangered

To prevent significant impacts to California tiger salamanders and California red-legged frogs, if present.

B Noted, permittee will comply, as needed. Site personnel have undergone training to prevent significant impacts to California tiger salamanders and California red-legged frogs, if present. Training covered all items listed in Condition # 22. Monthly reports submitted to California Fish & Wildlife



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Species Office in Sacramento, California and/or to the local CDFG warden or biologist (as applicable) within one working day of the incident. The Permittee shall follow up with written notification to the USFWS and/or CDFG (as applicable) within five working days of the incident. All observations of federally and state-listed species shall be recorded on CNDDB field sheets and sent to the CDFG by the Permittee or representative biological monitor.

f. While it is not necessary that the biological monitor stay on-site for the entire day, the monitor shall remain on-call in case any of these animals are discovered and it is necessary to move them. The Permittee shall designate a representative as the point of contact in the event that a California tiger salamander or California red-legged frog is discovered on-site when the biological monitor is not present.

g. If the biological monitor or construction personnel find any of these species within the work area, construction activities shall cease in the immediate vicinity of the individual until: (1) the USFWS and/or CDFG are contacted and/or the animal has been removed from the construction area, in accordance with permits, by a USFWS- and CDFG-approved biologist and released near a suitable burrow or other suitable habitat within 0.25 mile of the construction area, or (2) the animal moves away from the construction area on its own.

h. Once all initial ground-disturbing activities are completed, the biological monitor shall perform spot checks of the Project area at least once a week for the duration of construction (as defined above) to ensure that any exclusion fencing is in good order, trenches are being covered if left open overnight (or escape ramps provided), Project personnel are conducting checks beneath parked vehicles prior to their movement, and all other required biological protection measures are being followed.

23 CEQA MM

BIO-1A

OPR The Permittee shall ensure that the following general measures are implemented as part of any new construction (as specifically defined above) to minimize or avoid impacts on biological resources:

a. Minimize the extent of the construction disturbance as much as

To prevent significant impacts to biological resources, in general.

B Noted, permittee will comply, as needed. Permittee training for items in Condition # 22 also covered items in Condition # 23.



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feasible.

b. Prior to the start of construction, the Permittee in coordination with a qualified biologist, shall install 4-foot tall fencing at the limits of construction and outside the driplines of all trees to be retained that are located within 50 feet of any grading, road improvements, underground utilities, or other construction activity. A qualified biologist and Permittee must approve any encroachment into these fenced areas. The Permittee shall maintain the temporary fencing until all construction activities are complete. No construction activities, parking, or staging shall occur within the fenced areas.

c. Project-related vehicles shall observe a 15-mile-per-hour speed limit on unpaved roads in the work area, or as otherwise negotiated with the applicable regulatory agencies.

d. Closed garbage containers shall be provided for the disposal of all food-related trash items (e.g., wrappers, cans, bottles, food scraps). All garbage shall be collected daily from the Project site and placed in a closed container, from which garbage shall be removed weekly.

e) Construction personnel shall not feed or otherwise attract fish or wildlife in the Project area.

f) No pets or firearms shall be allowed in the Project area.

g) Staging areas shall be located at least 50 feet from aquatic areas.

h) If vehicle or equipment fueling or maintenance is necessary, it shall be performed in designated staging areas.

c. At individual construction sites (not the quarry pit) where excavations require dewatering, the intakes shall be screened with a maximum mesh size of 5 millimeters.

24 CEQA MM

AESTH-5

OPR The Permittee and the County shall re-assess the Landscape Planting, Irrigation and Maintenance Plan required pursuant to the 1992 SMP-30 Conditions of Approval for the landscape buffers along Calaveras Road to determine what additional plantings are necessary to achieve the condition’s objectives of visually filtering and softening views of the site. The Permittee shall prepare a detailed landscape and planting plan

See Page 6-34 and 6-35 of the Draft EIR.

A Noted, permittee will comply, as needed. The SFPUC Project ended late 2016. There is a Phytopthera issue throughout the watershed and we are working with SFPUC to



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for the Calaveras Road landscape buffers which shall include provisions for additional tree plantings consistent with the following measures:

a. The visual screen shall be dense enough to filter views from Calaveras Road;

b. Trees shall be planted subject to the approval of the Community Development Director;

c. There shall be a preference for native species. Different species or tree placement schemes may be used if approved in writing by the Community Development Director; if alternative species are selected, they shall be non-invasive.

d. Trees shall not interfere with water or electrical transmission lines;

e. A monitoring plan with an implementation schedule shall be prepared and submitted to the Community Development Director for approval within 180 days of approval of Revised SMP-30, including SFPUC lease approvals. The plan shall include the provision that the successful growth and health of trees shall be monitored by the Community Development Agency during their annual review and five year review, or as needed to ensure its success as a visual filter. If proved unsuccessful, then Permittee shall replant with the same or different species as approved by the Community Development Director.

understand what types of planting is allowed and what procedures need to be implemented to ensure that Phytopthera is not introduced.

ON-GOING DURING MINING AND PROCESSING OPERATIONS

25 SMP OPR It is understood that approval of this Surface Mining Permit enables the Permittee to operate (i.e., to extract and harvest raw material; to process such material into saleable aggregate, concrete and asphalt; and to operate and maintain on-site equipment, facilities and operations) 24 hours per day, 7 day per week.

To fulfill the provisions of ACSMO §6.80.180.

n/a n/a



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SETBACKS

26 SMP OPR No future mining excavations shall occur in any closer proximity to Alameda Creek or San Antonio Creek than the existing (July 2012) edge of the quarry slope, as shown on the most recently available aerial photographs (photos dated October 11, 2011).

To maintain a separation between mining activities and biological resources.


27 SMP OPR The existing barrier fence along San Antonio Creek shall remain in place throughout the active mining phase. The barrier fence shall have a limited number of access points and personnel shall be informed by the permittee that the 50-foot buffer zone shall not be entered except as approved by the County of Alameda.

To maintain a separation between mining activities and biological resources.

B The referenced fence is in place and maintained.

28 SMP OPR Mining shall not occur within 250 feet from the edge of the quarry slope to the edge of travel way on Calaveras Road.

To maintain a separation between mining activities and the abutting public road.


29 SMP OPR A setback of not less than 50 feet from the edge of the quarry slope to all buried utilities and pipelines shall be maintained.

To maintain a separation between mining activities and public utilities.

B Noted, permittee will comply, as needed.

30 SMP N/A A setback of 100 feet, or no closer than existing setbacks where such existing setbacks may be less than 100 feet, shall be provided from the top of the quarry slope to the transmission tower foundations. Alameda County Community Development Agency shall monitor the stability of the slopes in their annual review, or as needed.

To maintain a separation between mining activities and public utilities.


31 SMP N/A A setback of 25 feet shall be provided and maintained from the top of the quarry slope to the southern boundary of the site adjacent SFPUC properties.

To maintain a separation between mining activities and SFPUC properties.

A Noted, permittee will comply, as needed.

32 SMP N/A The permittee shall obtain PG&E’s written consent to any development plans that may have an impact on PG&E’s easements.

To ensure mining and reclamation activities do not adversely affect PG&E lands.

A Noted, permittee will comply, as needed. No current projects impact and PG&E easements.



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33 SMP N/A No trees shall be planted under San Francisco Water Department or PG&E’s transmission lines or within 50 feet of the center line of water transmission lines.

To ensure trees do not interfere with existing transmission lines.

B Noted, permittee will comply, as needed. No trees have been planted during the reporting period.

EXCAVATION AND SLOPE DESIGN

34 CEQA MM

GEO-3A

OPR/REC Recommendations contained in the Berlogar Stevens Associates’ Geotechnical Investigation, Amended Reclamation Plan for the Sunol Quarry (SMP-30), Calaveras Road, Sunol, California for Oliver De Silva, Inc., dated May 25, 2012 (Berlogar, 2012) shall be incorporated into the Project. Permittee may request modification of these gradients at any time during the term of the permit. The request shall explain the reason for the proposed change and shall, at a minimum, be accompanied by:

a. evidence that the property owner agrees with the proposed changes; and

b. an engineering and geotechnical report that demonstrates that the new slope gradients will be safe, stable and otherwise consistent with the intent, standards and requirements of the ACSMO.

c. The Community Development Director, after consultation with the Public Works Agency, may modify these gradients consistent with the ACSMO.

To ensure slope stability. A Noted, permittee has been following recommendations as required.

35 SMP OPR/REC To enhance slope stability, all roads and benches on the quarry slopes shall not be formed by cutting into the permanent quarry slopes unless otherwise approved by the Community Development Director.

To ensure slope stability. B Noted, permittee will comply, as needed. Roads have complied

36 SMP OPR/REC A qualified professional shall inspect the stability of cut slopes and fill slopes constructed for roads. Inspections shall take place either annually, or as deemed necessary by the Community Development Director.

To ensure slope stability. C Noted, permittee will comply, as needed. No work has been done in the reporting period for the construction of roads.

37 SMP The Permittee shall repair or otherwise remedy identified problems including those identified during the annual and five ¬year review of the Surface Mining Permit, such as recurring slope stability problems or the need for slope maintenance on- or off-site. Should any problems

To fulfill the requirements of ACSMO §6.80.250.

A Noted, permittee will comply, as needed. There have been no issues during the reporting period.



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develop regarding slope stability, erosion control, ground water or related matters, an engineering geologist shall prepare an investigation detailing the problem and possible solutions to be approved by the Community Development Planning Director.

SAFETY PRECAUTIONS

38 SMP OPR/REC An annual fire plan shall be prepared and filed with the State Division of Forestry to mitigate fire hazards.

To reduce fire hazards. N/A Noted, permittee will comply, as needed. Currently in Jurisdiction of Alameda County Fire which does not require an annual fire plan.

39 CEQA MM

HAZ-2C HAZ-7

OPR/REC The Permittee shall engage a Fire Protection Engineer to perform a Code analysis and submit a Comprehensive Fire Protection Plan for the proposed Project for review by the County Fire Marshall. The submittal shall include an evaluation of the Project's compliance with the Uniform Fire Code requirements relating to storage of hazardous materials (including aboveground tanks), the need for fire suppression system, alarm systems, storage of flammable or combustible materials, containment basins around hazardous materials, and compliance with hazardous materials regulations. Hazardous materials at the proposed asphalt plant shall be specifically considered in the review.

To provide safe working conditions and compliance with application hazardous materials regulations.

Ongoing Noted, permittee will comply, as needed. Fire department reviews were completed at time of building permits for plant upgrade.

40 SMP OPR/REC If substantial groundshaking occurs at the site during an earthquake, the Permittee shall inspect the quarry for potential slope failures prior to allowing employees to resume work in the quarry pits.

To address potential slope failures resulting from groundshaking.

A There has not been substantial groundshaking during this reporting period.

41 CEQA MM

GEO-1

BEF Prior to construction of any structures intended for human occupancy (i.e., expected to be occupied for more than 2,000 person-hours per year) within the Alquist-Priolo zone, a detailed geologic investigation of the structure location shall be prepared by a geologist registered in the State of California. This report shall address the potential for surface fault displacement at the structure site, based on a geologic investigation designed to identify the location, recent activity and nature of faulting that may have affected the structure site in the past and may affect the structure site in the future. If, based upon the findings of the geologic investigation, the site of the proposed structure

To prevent significant impacts to persons occupying new structures and resulting from earthquakes.

A Noted, permittee will comply, as needed. BSA performed studies in 2012.



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is underlain by an active fault trace, the structure shall be located at least 50-feet away from such an active fault trace.

42 CEQA MM

GEO-3C

OPR/REC Stockpiles shall be managed such that they do not become over-steepened or undercut, and the faces of stockpiles shall be maintained to prevent steep, high faces from forming. Where front-end loaders have to carry out undercutting in front of high faces, a cab should be fitted to enclose an operator overhead and on at least three sides.

To prevent slope failure. C Noted, permittee will comply, as needed.

43 CEQA MM

HAZ-2A

OPR/REC The Project shall not include any underground storage tanks, and only above-ground storage tanks that have been approved by the U.S. EPA shall be used for storing petroleum products and other regulated substances. Any new above-ground tanks shall be double walled and meet all ballistic and flame impingement requirements in CFC Article 79. The containment structures shall not be equipped with any valves or drains.

To prevent the release of hazardous materials into the environment.

A Noted, permittee will comply, as needed. No new underground tanks installed

44 CEQA MM

HAZ-2B

OPR/REC All delivery, maintenance, and repair trucks containing petroleum products will be required to comply with the California Department of Transportation’s regulations for transport of hazardous materials. All trucks carrying petroleum products shall be equipped with quick-connect couplings and automatic shut-off valves to prevent spills. Trucks shall carry appropriate absorbent materials to contain and recover spillage, or such materials shall be available on site.


C Noted, permittee will comply, as needed. BMP’s are in place for equipment servicing and fueling onsite.

45 CEQA MM

HAZ-3A

OPR/REC The Permittee shall not allow trucks to be sprayed with diesel fuel or any other petroleum hydrocarbon-containing liquid as a means to prevent asphalt from sticking to the beds of the truck beds. Suitable bio-degradable surfactants may be utilized by the truck operators, if desired. The County’s annual inspections and review shall ensure that soil contamination has not occurred at the site due to spraying of truck beds with diesel fuel or other petroleum hydrocarbon-containing liquids.



46 CEQA MM

OPR/OPR The Project site equipment and servicing materials shall be maintained in a neat and orderly manner to aid in accounting for and detecting

To prevent the release of hazardous materials into the

C Noted, permittee will comply, as needed.



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HAZ-3B

potential sources of contamination;

a. Non-functional equipment, scrap metal, construction debris, used batteries and tires, and similar objects shall be removed from the site on a regular basis and disposed of at appropriately licensed facilities;

b. Best Management Practices specific to the storage of spare equipment such as heavy equipment parts, conveyor belts, tires and other replacement or extra equipment pieces, shall be established pursuant to the Project’s NPDES General Mining Permit to ensure that runoff from storage areas does not result in surface water contamination. Spare parts containing petroleum products (i.e., lubricants, hydraulic oil, etc.) shall be stored using Best Management Practices (BMPs) to prevent contamination of soil or storm water runoff; and

c. Storage areas shall be inspected by the Permittee monthly. Any petroleum leaks shall be documented and cleaned up. Leaking equipment shall be repaired. Inspection and monitoring documentation shall be retained for a minimum of five years and be available to County staff during site inspections.

environment. BMP’s are in place for equipment servicing and fueling onsite.

47 SMP OPR/REC The perimeter of the property shall be fenced and the fence shall be maintained in good condition. A fence along the boundary of Alameda Creek shall be installed following lease approval by the SFPUC.

To ensure compliance with ACSMO §6.80.210(E).

A Noted, Site is fenced. Fencing will be installed along Alameda Creek once the SFPUC has completed its project. Awaiting Sunol Valley Restoration Plan .Estimated 2018

48 SMP OPR No explosives shall be used. To ensure compliance with ACSMO §6.80.210(F).

B No explosives are used in mining or processing.

VISUAL QUALITY

49 SMP/CEQA OPR/REC Height of stockpiles throughout the permit boundaries shall be restricted to 50 feet.





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50 CEQA MM

AESTH-4

OPR/REC The Permittee shall retain a professional lighting consultant to design a lighting plan for the site. The lighting plan shall ensure that night time lighting and security lighting is placed so that it is no higher than necessary to illuminate the area of security concern, and the lighting shall be directed toward the area. Under no circumstances shall areas beyond the Project site boundaries be directly illuminated nor shall general lighting radiate above the horizontal, but shall be shielded to illuminate only the area of concern.

a. Any lighting placed on areas nonessential for security or active operations shall be placed on a motion detector circuit so illumination only occurs as necessary.

b. Any lighting for operations in the quarry pit shall be placed as low into the pits as possible.

c. Monitoring shall include occasional inspection of night time conditions by County staff to ensure that lighting is directed toward the area of concern and that areas beyond the site boundaries are not directly illuminated

d. The Permittee shall immediately respond to complaints about excessive night lighting.

To prevent significant effects from light glare.

A Noted, permittee will comply, as needed. Once the concrete plant is ready to install, a lighting plan will be submitted. HMA Plant lighting plan was approved by Bruce Jensen with Alameda County.

51 SMP/CEQA OPR/REC Upon the SFPUC’s completion of the placement of “spoils material” landform berms along the edge of Calaveras Road within the Revised SMP-30 site, the Permittee shall retain a professional agronomist or qualified landscape architect to recommend detailed methods and specifications of revegetation of these landform berms.

a. The berm revegetation and planting plan shall be approved by the Community Development Director and monitored by the County during the annual or five-year review, or as needed.

b. Revegetation of the landscape berms shall be completed within five (5) years of completion of the berm construction by the SFPUC and any and all necessary regulatory permits have been obtained.

c. The Permittee shall guarantee vegetation establishment during a


A Noted, permittee will comply, as needed. SFPUC project completed October 2015 There is a Phytopthera issue throughout the watershed and we are working with SFPUC to understand what types of planting is allowed and what procedures need to be implemented to ensure that Phytopthera is not introduced.



Page 24 of 42



period of five years.

AIR QUALITY

52 SMP OPR/REC The Permittee shall implement measures such as watering the soil or applying soil binders or chemical stabilizers, as approved by the Community Development Director to control dust.

To prevent fugitive dust from adversely affecting air quality.


53 SMP OPR/REC All surface mining and processing operations emitting smoke, vapors, dust and other airborne contaminants shall be provided with all necessary control measures and devices as required by the Alameda County Health Care Service Agency and the Bay Area Air Quality Management District to prevent the occurrence of nuisance and undue pollution of the air.

To ensure compliance with applicable BAAQMD regulations.


54 SMP OPR/REC The driver of a weighed vehicle, loaded beyond current State of California maximum legal weights, shall be notified by the Permittee and required to reduce the load to the legal limit. If loaded materials are subject to dust generation, Permittee is responsible for requiring drivers to moisten loads. Moistening facilities shall be conveniently located and maintained on site. All loaded vehicles shall be required to pass over a material shakedown area with berm, bumper or ditches provided. The permittee shall require all vehicle permittees to have noise attenuating mufflers as required by the State of California Vehicle Code. Signs notifying drivers of these requirements shall be posted at the scale location. Drivers not cooperating with this provision shall be prohibited from hauling materials from the site.


C Noted, permittee will comply, as needed. Sign posted at entrance of truck scales listing requirements to truck drivers.

55 SMP OPR/REC New cut slopes shall be watered as they are created to the extent necessary to minimize dust. Main access roads shall be paved with asphalt for a minimum width of 25 feet from County roads to within 100 feet of the loading point. All other haulage roads and loading areas within the site shall be paved or watered to be maintained in a dust-free condition, as may be determined by the Community Development Director.

To prevent fugitive dust from adversely affecting air quality; To prevent track-out from adversely impacting nearby public roads.




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NOISE

56 SMP OPR/REC Engines on dirt moving equipment used for surface mining operations shall be equipped with mufflers, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device intended to thwart noise suppression.



TRAFFIC AND CIRCULATION

57 SMP OPR/REC The new southern driveway intersection must meet Calaveras Road at grade.


C Noted, permittee has complied.

58 CEQA MM

TRANSP-4A

OPR/REC The area around the new southern driveway intersection shall be kept free of visual obstructions such as tall landscaping and signage, which would obstruct line of sight for drivers exiting the site.

a. Vegetation fronting the site along Calaveras Road shall be trimmed as necessary to allow at least 550 feet of sight distance, which is the minimum corner sight distance required per the California Highway Design Manual.

b. The location of the southern driveway may shift north or south along Calaveras Road to best accommodate the required sight distance.

c. If necessary to improve sight lines at the intersection, the elevation of the southern driveway approach to Calaveras Road shall be raised to reduce the grade difference.

To ensure safe ingress/egress; To ensure compliance with ACSMO §6.80.220.

B Noted, permittee has complied

59 SMP OPR/REC The Permittee shall maintain stop signs at all exits to County roads. The Community Development Agency will continue to monitor whether trucks are stopping before exiting the site onto Calaveras Road. If, in consultation with the Public Works Agency, the Community





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Development Director determines the condition is hazardous, then a program to find additional ways to stops trucks other than the existing stop sign will be developed and implemented by the Permittee and approved by the Community Development Director to remedy the situation.

60 CEQA MM

TRANSP-5

OPR/REC If a hiking trail is accommodated on site during mining operations, it shall follow a western trail alignment along Alameda Creek rather than an eastern alignment along Calaveras Road as the western alignment provides less pedestrian/vehicle conflict points.

To ensure compliance with ACSMO §6.80.220 and prevent conflicts between vehicles and pedestrians.


61 CEQA MM

TRANSP-6

OPR/REC Due to the presence of recreational cyclists along Calaveras Road, the Permittee shall install “Share the Road” signs in conjunction with Bicycle Warning signs along Calaveras Road and on the Project site driveways to warn drivers to watch for bicyclists, who generally travel at slower speeds. Placement of these signs shall be determined by the Community Development Director in consultation with the County Public Works Department.


B Noted, permittee has complied.

62 SMP OPR/REC The Permittee shall prepare and deliver a driver education program to employees and truck drivers, making them aware of the use of Calaveras Road by recreational bicyclists, the legal rights of bicyclists using the roadway, reminding them of the rules of the road prohibiting crossing the double yellow line to pass bicyclists, and required safe passing distance from bicyclists. Educational materials may include pamphlets handed to all truck drivers entering the site, signs posted near the exit driveway, and other potential measures that may be identified.


C Noted, permittee has complied with signs at the truck scales and brochures handed out to drivers Ongoing

63 SMP OPR/REC The Permittee shall sponsor a bicyclist education and outreach effort, potentially conducted through local recreational and racing clubs whose members regularly ride Calaveras Road. This effort may include, but is not limited to use of available educational curricula sponsored by the East Bay Bicycle Coalition and Silicon Valley Bicycle Coalition, reminding bicyclists how to operate legally and safely when operating in mixed traffic flow.


A Noted, permittee will comply, as needed. Local bicycle associations have been of no help



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64 SMP OPR/REC The Permittee shall work with Alameda County to develop and install signing improvements along Calaveras Road in accordance with the Alameda County Bicycle and Pedestrian Master Plan for Unincorporated Areas.


B Noted, permittee installed signs

65 SMP OPR/REC Consistent with current practice and requirements, the Permittee shall commit to clearing spilled debris and oil as needed, related to quarry truck movements on the section of Calaveras Road between I-680 and the SMP-30 driveway(s).

To prevent track-out and spillage from adversely impacting nearby public roads.


66 SMP OPR/REC The Permittee shall coordinate with the County and the SFPUC (as may be needed outside of the road right-of-way) to provide for trimming brush and tree limbs near the sides of the road, to maximize sight distance, and preserve maximum available roadway width and narrow shoulder width for bicyclists for the section of Calaveras Road between I-680 and the Project driveway(s).



WATER AND SEPTIC

67 SMP OPR/REC A potable water supply and adequate toilet facilities shall be provided for employees according to requirements of the Alameda County Health Care Services Agency.

To prevent sanitary working conditions.


WATER QUALITY AND DRAINAGE

68 SMP OPR/REC No discharge of turbid water or pollutants shall be permitted off site from the active quarry area. All process waters shall be retained and/or recycled on site. All runoff from active quarry areas and exposed slopes shall be diverted to a settling pond for re-use with no discharge to the creek. Rising groundwater encountered in active excavation pits shall be returned to a process or settling pond and not be discharged into the creek. Rising groundwater that does not exceed the turbidity of background levels as measured in the creek upstream of the quarry may be discharged to the creek. Dikes, levees, or other barriers shall be maintained to prevent silting of creeks and drainage channels by any surface mining operation.

To ensure compliance with ACSMO §6.80.210(G) and 6.80.240(D) and applicable State and Federal regulations.




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69 SMP OPR/REC Changes in drainage and/or sedimentation control facilities shall be submitted in advance to Alameda County Flood Control and Water Conservation District for approval.



70 SMP OPR/REC Project site is within Special Drainage Area 7-1 and is subject to conditions imposed at the time of issuance of building permits.



71 SMP OPR/REC Any work within creek areas will require a Streambed Alteration Agreement with the California Department of Fish and Game.


A Noted, Streambed Alteration Agreement was issued on March 5, 2015. Notification # 1600-2013-0128-R3

72 SMP OPR/REC Runoff from the intercepted drainage area east of Calaveras Road shall be picked up and transported around the site or otherwise controlled to the satisfaction of the Flood Control District.



73 CEQA MM

GEO-4A

N/A The Permittee shall be responsible for obtaining any necessary amendments and/or updates to the currently applicable NPDES permit for water management within the Project.



74 SMP REC Free movement of groundwater through the site in present quantities, as detectable in filter galleries of San Francisco Water Department, shall not be impeded by mining or reclamation activities.

To ensure compliance with ACSMO §6.80.210(G).


75 SMP REC Work within or adjacent to a watercourse shall require a permit from Alameda County Flood Control and Water Conservation District pursuant to the Watercourse Protection Ordinance (Chapter 13.012 of

To ensure compliance with ACSMO §6.80.210(G) and 6.80.240(D) and applicable State and Federal




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the Alameda County Code of Ordinances). regulations.

CULTURAL RESOURCES

76 CEQA REC If cultural material is uncovered during earth removal, including removal of topsoil or overburden, work within 10 meters shall cease until the find can be examined by a qualified professional and his or her recommendations are followed, subject to approval by the Planning Director. If human remains are uncovered, the Coroner shall be called.

To ensure compliance with CEQA Guidelines §15064.5.


77 CEQA OPR The Permittee shall provide a Worker Cultural Resources Awareness Training Program prior to construction to assist in worker compliance with cultural resource identification and protection procedures. The training will provide illustrations and/or photographs of common types of historic and prehistoric artifacts that may be encountered during construction activities, and a protocol to be followed in the event of an unanticipated discovery of archaeological materials and/or human remains.


B Noted, permittee will comply, as needed. Every new employee gets trained

78 CEQA OPR Should any previously unknown historic or prehistoric resources be discovered during ground-disturbing activities, ground disturbance within 100 feet of these resources shall be stopped until a professional archaeologist meeting the Secretary of the Interior’s Standards has an opportunity to evaluate the significance of the newly discovered resource.

a. If a find is determined to not be potentially significant by the consulting archaeologist, construction activities within the area can continue.

b. If a find is determined to be potentially significant by the consulting archaeologist, a mitigation plan meeting State requirements will be developed and implemented in consultation with the lead agency. If the resource cannot be avoided, a data recovery plan, aimed at collecting sufficient data to address prehistoric or historic research questions, will be prepared and carried out.

c. A professional technical report detailing the data recovery





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methods and results, and a discussion of the findings in terms of the research questions provided in the data recovery plan will be prepared by the consulting archaeologist.

d. All collected prehistoric and historic artefactual material will be curated at a qualified curation facility. Copies of field notes, and other relevant documentation, will also be provided with the artifact collection.

e. All prehistoric and historic discoveries will be documented on appropriate Department of Parks and Recreation forms (Form DPR 523) and filed with the NWIC.

79 SMP REC In the event that Native American human remains or funerary objects are discovered, the provisions of the California Health and Safety Code should be followed. Section 7050.5(b) of the California Health and Safety Code states that all excavation or disturbance of the site or nearby area cease, and that the coroner of the county in which the human remains are discovered should be contacted. If the remains are determined by the coroner to be Native American, the coroner must contact the NAHC. The NAHC will assign a Most Likely Descendant, who will make recommendations regarding the treatment of the remains.

To ensure compliance with California Health and Safety Code §7050.5(b).


BIOLOGICAL RESOURCES AND WILDLIFE

80 SMP OPR/REC A qualified professional familiar with native plant community enhancement shall recommend a native tree and shrub planting enhancement plan for the entire bank area of San Antonio Creek on both sides of the Creek between Calaveras Road and Alameda Creek, and for the entire bank area of Alameda Creek on both sides of the Creek between San Antonio Creek and the site’s southern boundary as defined pursuant to the SFPUC lease. The enhancement plan should be based on a preliminary survey of relatively undisturbed segments of San Antonio Creek east of the project site on the San Francisco Water Department’s watershed land. The riparian community shall be self-supporting and composed of native vegetation appropriate for the region, to the extent feasible. Tree selection and density should be able to accommodate the variety of mammal and bird species that still move

To provide for plantings consistent with native habitat types.

A Noted, permittee will comply, as needed. Still awaiting the SFPUC to develop the Sunol Valley Restoration Plan. Contact Tim Ramirez (415-554-3265) with the SFPUC for updates.



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along these travel routes.

a. The planting plan shall be approved and monitored by the Community Development Directory during the annual or five-year review, or as needed.

b. Revegetation of both banks shall be completed within two years of approval of the Revised SMP-30 permit, final lease approval by SFPUC and/or final approval of the Sunol Valley Restoration Plan.

c. The Permittee shall guarantee tree and shrub establishment for five years.

81 SMP OPR/REC The Permittee shall ensure that the following general measures are implemented as part of quarry operations to minimize or avoid impacts on biological resources:

a. Project-related vehicles shall observe a 15-mile-per-hour speed limit on unpaved roads in the work area, or as otherwise negotiated with the applicable regulatory agencies.

b. The Permittee shall provide closed garbage containers for the disposal of all food-related trash items (e.g., wrappers, cans, bottles, food scraps). All garbage shall be collected daily from the Project site and placed in a closed container, from which garbage shall be removed weekly.

c. Construction personnel shall not feed or otherwise attract fish or wildlife in the Project area.

d. No pets or firearms shall be allowed in the Project area.

e. Staging areas shall be located at least 50 feet from aquatic areas.

f. If vehicle or equipment fueling or maintenance is necessary, it shall be performed in designated staging areas.

To prevent significant impacts to biological resources, in general.


CONDITIONS SPECIFIC TO EACH ANNUAL REVIEW

82 CEQA MM

AQ-4

OPR Upon approval of the Project, the Permittee shall initiate implementation of a NOx Monitoring and Reduction Plan (NOx Plan).

a. Throughout the first year of operation and then subsequently

To ensure compliance with applicable air quality thresholds and, where applicable, mitigation for

A Noted, permittee will comply, as needed. Annual production did not exceed 1.5 mm Tons. See attached MRRC-2.



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throughout each following year, the Permittee shall prepare an annual audit of the total aggregate, concrete and asphalt production from the Project. Based on that audit, the Permittee shall prepare a calculation of all Project-related NOx emissions from all Project sources including the aggregate plant, the concrete plant, the asphalt plant, on-site off road equipment and mobile sources (i.e., haul trucks). This calculation shall be used to compare the Project’s actual annual NOx emissions, as a net increase over the baseline emissions established in the EIR, to the applicable significance threshold.

i. Beginning in the first year (through June 2013), if the total annual aggregate production rate does not exceed 1.5 million tons, the threshold for NOx emissions is not expected to be exceeded and no further emission calculations or mitigation would be required for that year.

ii. In subsequent years, new emission standards promulgated by the US EPA and California Air Resources Board are expected to result in a substantial reduction in NOx emissions from the on-road truck fleet. With implementation of ARB emission standards by year 2016, if the annual total annual aggregate production rate does not exceed 2.25 million tons, the threshold for NOx emissions are not expected to be exceeded and no further emission calculations or mitigation would be required for that year.

iii. With implementation of ARB emission standards by year 2020, the thresholds for NOx emissions is not expected to be exceeded even at 3.0 million tons of total aggregate production per year (the Project maximum), and no further emission calculations or mitigation would be required.

b. If the Project’s NOx emissions, measured as the net increase over the EIR-established baseline, exceed the applicable threshold, the NOx Plan shall demonstrate how the Project will reduce or off-set those net emissions exceeding the threshold. Reductions may be achieved by any combination of, but not limited to the following:

i. replacing or retrofitting engines for on-site rolling stock or haul trucks,

impacts above threshold.



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ii. reducing overall production rates at the Project site so as to not exceed the threshold,

iii. providing off-site compensation by reducing NOx emissions elsewhere in the air basin as a “credit” against project emissions, and/or

iv. purchasing NOx offset credits. For example, the Permittee could off-set their emissions through the Bay Area Air Quality Management District’s (Air District) Carl Moyer Memorial Air Quality Standards Attainment Program (CMP) or other Air District emission reduction incentive programs. Under this example, the Permittee would provide funding for the emission reduction projects in an amount up to the emission reduction project’s cost-effectiveness limit set by the California Air Resources Board (ARB) for the CMP during the year that the emissions from material hauling are emitted, and the funding would be used to fund projects eligible for funding under the CMP guidelines or other Air District incentive programs meeting the same cost-effectiveness threshold that are real, surplus, quantifiable, and enforceable.

c. The NOx Plan will be submitted to the Alameda County Community Development Agency on an annual basis.

d. Upon County approval of the NOx Plan, the Permittee shall implement specified measures as necessary.

83 CEQA MM CC-1

OPR Upon approval of the Project, the Permittee shall initiate implementation of a Stationary Source GHG Monitoring and Reduction Plan (SS GHG Plan).

a. Throughout the first year of operation and then subsequently throughout each following year, the Permittee shall prepare an annual audit of the total throughput of asphalt through the plant. Based on that audit, the Permittee shall prepare a calculation of all stationary source emissions of GHGs from the drum mixer and the hot asphalt oil heater. This calculation shall be used to compare the Project’s actual annual stationary source GHG emissions to the applicable significance threshold.

i. If the total annual throughput of asphalt does not exceed 750,000

A The HMA Plant production was less than 750,000 tons.



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tons per year, the threshold for stationary source GHG emissions is not expected to be exceeded and no further emission calculations or mitigation would be required for that year.

b. If the Project’s stationary source GHG emissions, measured as the net increase over the EIR-established baseline, exceed the applicable threshold, then the SS GHG Plan must demonstrate how the facility will reduce or offset those net emissions exceeding the threshold. Reductions may be achieved by any combination of, but not limited to the following:

i. limiting total asphalt production at the plant to levels that would not result in exceeding the threshold,

ii. achieving on-site reductions in emissions through such means as more energy-efficient equipment, production of on-site sustainable energy or use of cleaner burning (i.e., bio-diesel) fuels.

iii. providing off-site compensation by reducing GHG emissions elsewhere as a “credit” against project stationary source emissions, and/or

iv. purchasing offsetting “carbon credits” as an off-site compensation. For example, the Permittee may be able to off-set their emissions through a Bay Area Air Quality Management District (Air District) grant program whereby the funding would be used to fund projects eligible for funding under the program’s guidelines meeting the same cost-effectiveness threshold that are real, surplus, quantifiable, and enforceable.

c. The SS GHG Plan will be submitted to the Alameda County Community Development Agency on an annual basis.

d. Upon County approval of the SS GHG Plan, the Permittee shall implement specified measures as necessary.

84 CEQA MM CC-2

OPR Upon approval of the Project, the Permittee shall initiate implementation of a Mobile Source GHG Monitoring and Reduction Plan.

a. Throughout the first year of operation and then subsequently throughout each following year, the Permittee shall prepare an annual audit of the total aggregate, concrete and asphalt

To ensure compliance with applicable air quality thresholds and, where applicable, mitigation for impacts above threshold.

A Noted, permittee will comply, as needed. The project has not produced more aggregates than the established baseline of 1.1 MM tons.



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production from the Project. Based on that audit, the Permittee shall prepare a calculation of all Project-related mobile source GHG emissions from all Project sources including the aggregate plant, the concrete plant, the asphalt plant, on-site off road equipment and mobile sources (i.e., haul trucks). This calculation shall be used to compare the Project’s actual annual mobile source GHG emissions, as a net increase over the baseline emissions established in the EIR, to the applicable significance threshold.

b. If the Project’s mobile source GHG emissions, measured as the net increase over the EIR-established baseline, exceed the applicable threshold, the Mobile Source GHG Plan shall demonstrate how the Project will reduce or offset those net GHG emissions exceeding the threshold. Reductions may be achieved by any combination of, but not limited to the following:

i. achieving on-site reductions in emissions through such means as more energy-efficient equipment, production of on-site sustainable energy or use of cleaner burning (i.e., bio-diesel) fuels,

ii. providing off-site compensation by reducing GHG emissions elsewhere as a “credit” against project mobile source GHG emissions, and/or

iii. purchasing off-setting ‘carbon credits” as an off-site compensation. For example, the Permittee may be able to off-set their emissions through a Bay Area Air Quality Management District (Air District) grant program whereby the funding would be used to fund projects eligible for funding under the program’s guidelines meeting the same cost-effectiveness threshold that are real, surplus, quantifiable, and enforceable.

c. The Mobile Source GHG Plan shall be submitted to the Alameda County Community Development Agency on an annual basis.

d. Upon County approval of the Mobile Source GHG Plan, the Permittee shall implement specified measures as necessary.

85 SMP OPR As part of the regular inspection of the quarry required under the Surface Mining Permit the Public Works Agency will annually inspect the pavement condition of Calaveras Road between the quarry access and the I-680 ramps. Required repairs will be identified by the County.

To ensure mine-related damages to nearby public roads are documented and repaired.




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The Permittee shall contribute to the cost of maintaining, repairing, strengthening, or reconstructing the subject segment of Calaveras Road, if the County inspection shows a need for such pavement improvements. Participation by Permittee in the cost of such pavement improvements shall be in proportion to the percentage of heavy truck traffic on Calaveras Road contributed by the quarry operations as compared to the total traffic on the road, and 100 percent towards any road damage directly attributed to the operations.

86 CEQA MM

GEO-3B

OPR/REC Based on the recommendations of the Project geologists, an annual review of the stability of cut slopes is recommended to determine if exposed conditions indicate that the proposed quarry slopes should be modified.

To prevent slope instability. C Noted, Ongoing inspections done by Geologist with no issues reported

CONDITIONS SPECIFIC TO PHASE II

87 CEQA MM

NOISE-1A

OPR/REC A noise survey shall be conducted within 30 days after the plant site and its processing facilities have been moved to the south. At that time, with the final plant layout in place, a determination shall be made as to whether or not additional noise barriers or other noise control measures for the equipment are required to reduce noise levels at affected sensitive receptors to acceptable levels (i.e., to 50 dBA in the daytime and 45 dBA at nighttime), and the exact locations and types of noise control measures, as may be needed, shall be determined.

To prevent significant noise impacts from plant operations.

A Phase II has not been initiated.

88 CEQA MM

NOISE-1B

OPR/REC The method to be used to mitigate Phase II noise impacts shall be noise barriers. Normally, noise barriers are located close to, or on the equipment itself. Typically, the barriers are wood, metal, or quilted noise control blankets. Sometimes, material stockpiles can also be used as a noise barrier.

To prevent significant noise impacts from plant operations.


89 CEQA MM

TRANSP-4B

OPR/REC During Phase II, which assumes only one access point to/from the site, consider keeping the existing driveway as a secondary access for emergency vehicles only.

To prevent significant transportation impacts.


90 CEQA OPR/REC Upon initiation of Phase II of the Project’s operations the Permittee To prevent significant air A Phase II has not been initiated.



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MM AQ-5

shall initiate implementation of a Toxic Air Contaminant Monitoring and Reduction Plan (TAC Plan).

a. Throughout the first year of Phase II operations and then subsequently throughout each following year, the Permittee shall prepare an annual audit of the total aggregate, concrete and asphalt production from the Project. Based on that audit, the Permittee shall prepare a risk assessment for lifetime cancer risk for a lifetime resident from all Project sources including the aggregate harvesting operations, aggregate plant, the concrete plant, the asphalt plant, on-site off road equipment and mobile sources. This risk assessment calculation shall be used to compare the Project’s actual incremental lifetime cancer risk, as a net increase over the baseline risk established in the EIR, to the applicable significance threshold.*

b. If risk assessment indicates that the Project’s net increase in incremental health risk exceeds the applicable threshold, the TAC Plan shall demonstrate how the Project will reduce emissions to below the threshold level. Reductions may be achieved by any combination of, but not limited to the following:

i. replacement or retrofit of engines used in one of the two scrapers, such that they meet a minimum of US EPA Tier 4 interim emissions standard, or

ii. replacement or retrofit of engines used on other on-site rolling stock, such that they meet a minimum of US EPA Tier 4 interim emissions standard and result in maintaining risk levels below the applicable standards, or

iii. reducing overall production rates at the Project site so as to not exceed the threshold.

c. The TAC Plan shall be submitted to the Alameda County Community Development Agency on an annual basis.

d. Upon approval, the Permittee shall implement specified measures as necessary.

* At the time of preparation of the EIR, the significance threshold used was 10 excess incremental cancer risks per million people. This threshold was used in the County’s EIR based on guidance form the

quality impacts relating to health risk hazards.



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BAAQMD CEQA Guidelines, which are the subject of legal challenge as of May 2012. If this threshold is subsequently adjusted upwards (i.e., more permissive), then the threshold against which subsequent annual reviews shall be compared shall similarly be adjusted. Otherwise, the threshold used in the EIR shall remain in effect for the Project.

91 CEQA MM

HYDRO-1

OPR/REC To prevent the inundation of the processing area and the potential release of hazardous materials to water in the basin (once the processing area is relocated to the south end of the mining basin at an elevation of 220 ft. msl) due to a 100-yr storm event, one or more of the following measures shall be taken:

a. Bulk storage for Portland cement, asphalt oil, fuels, and other chemicals shall be maintained outside of the basin perimeter. Only those materials needed for daily operations shall be stored and maintained in the processing area once it is relocated to the south end of the basin. If reliable weather predictions call for the potential for a 100-year storm event, or a series of events that could potentially yield equivalent flood flows, then all hazardous materials shall be removed from the processing area; or

b. The processing area should not be relocated to the south end of the basin until sufficient excavation has been completed such that the basin volume below the elevation of the processing area (approximately 220 ft. msl) is greater than at least 6,000 acre-feet. At a volume of 6,000 acre-feet, the basin would be capable of holding the total volume of water that could potentially enter the basin during a 100-year storm, without overtopping into the processing area.

To prevent damage from floods.


CONDITIONS PURSUANT TO THE RECLAMATION PLAN

CONCURRENT RECLAMATION ACTIVITY

92 SMP OPR/REC Although mining and processing operations are planned as a continuous activity throughout the site and opportunities for concurrent reclamation are limited, the following concurrent reclamation activities shall occur:

To ensure compliance with ACSMO §6.80.240(B).




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Mining operations shall be conducted in such a manner that the South Basin quarry pit and the North Basin wash water pond can be converted to use for SFPUC water storage at any period of operations, although the reclamation goal is to maximize water storage capacity by expanding and deepening the quarry pit to the maximum allowed under the Revised SMP-30 permit.

POST-MINING RECLAMATION ACTIVITY

93 SMP REC Unless further revised, this Surface Mining Permit shall terminate July 16, 2042 or upon completion of reclamation, whichever comes first. The following post-mining reclamation activities shall occur not later than two years after completion of surface mining.

To fulfill the requirement of ACSMO §6.80.180(B).


94 SMP REC Upon completion of mining and processing operations at the Project site and pursuant to implementation of the Reclamation Plan, all mobile equipment associated with mining, any conduits and wiring not used as part of the ultimate Reclamation Plan, and stationary structures and foundations at the processing plant (including the scale and administration buildings), shall be removed.

To ensure fulfillment of the reclamation plan.


95 CEQA MM

HAZ-3C

REC Upon completion of mining and processing operations at the Project site and pursuant to implementation of the Reclamation Plan, all hazardous materials and above ground storage tanks shall be removed and the site shall be cleaned of hazardous material.

a. Prior to closure of any above ground storage tank used to hold hazardous material, the Permittee shall obtain a tank closure permit from the County DEH and shall comply with all applicable tank closure guidelines.

b. The Permittee shall obtain a closure permit for all above ground hazardous materials storage facilities.

c. Fuel tanks and other hazardous materials containers shall be transported by licensed haulers to an approved disposal or recycling facility in accordance with all applicable laws and regulations.

d. Any reported releases of hazardous substances which may have

To ensure reclamation includes the complete removal of hazardous materials.




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occurred during Project operations shall be fully remediated according to the corrective actions proscribed by the identified lead agency, and a case closure letter from the lead agency obtained.

96 SMP REC Site preparation and reclamation of on-site roads shall occur as follows:

a. Surfaces created by mining (i.e., the North Basin and the South Basin) are intended to accommodate subsequent land use as managed water storage reservoirs for use by the San Francisco Public Utilities Commission (SFPUC). No revegetation within these basins shall occur, as vegetated surfaces would be contrary to the intended post-reclamation use.

b. The East Basin (used as a settling basin during mining and processing operations) shall be backfilled as necessary to match existing grade.

c. Areas surrounding the basins shall be scarified and de-compacted as necessary for revegetation and to control erosion into the water storage reservoirs.

d. Main roads used to access the site shall remain at the conclusion of mining operations to facilitate use and management of the post-reclamation water storage reservoirs.

To provide standards to measure reclamation progress.


97 SMP REC Erosion control facilities shall be constructed as required. Temporary measures such as silt fences, berms, hay bales or similar means to deter erosion may be employed as necessary at locations of identified concern depending upon the final configuration of the grading work and roadways.

To ensure compliance with ACSMO §6.80.210(G) and 6.80.240(D).


98 SMP REC Detailed methods and specifications of revegetation and restoration of the site shall be prepared by a professional agronomist and submitted for approval by the Community Development Director before being implemented by the Permittee.

a. All final reclaimed banks and bare soil areas shall be planted with native grassland grass and forb species to the extent feasible in

To ensure compliance with ACSMO §6.80.240(H).




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order to reduce erosion.

b. A qualified professional familiar with native grassland re-establishment shall recommend a seed mix, rates and methods of application, preparation of soil, and the best time of year for planting.

99 SMP REC The success of revegetation effort shall be as specified on the Phasing and Reclamation Plan (Sheet 4) for Revised SMP-30, shall be guaranteed by the Permittee and shall be achieved prior to release of revegetation financial assurances, and shall include:

a. The amount of vegetation cover (75%) and density,

b. plant health,

c. natural reproduction (if pure live seed falls below 80%, seeding rates shall be increased), and

d. species diversity (minimum of two species)



100 SMP REC The Permittee shall implement the following measures to prevent the spread of new populations of noxious weeds and invasive plants, and to reduce existing infestations in the quarry to the extent feasible:

a. Inactive, disturbed areas shall be seeded to reduce the potential for the spread and establishment of noxious weeds and invasive plants.

b. Seed mixtures shall be certified weed-free.

c. Only introduced materials that are free of noxious and invasive plants shall be accepted.

d. Where feasible, perimeter roads shall be graded and kept clear to maintain a buffer along property lines as an additional means to contain the spread of noxious weeds.



101 SMP REC The Permittee shall evaluate the success of revegetation treatments and refine the Reclamation Plan as necessary to achieve the success ratios specified. Existing information about plant species diversity at the site shall be used as baseline information to compare reclamation success.





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a. Test plots consisting of planted surfaces shall be used to confirm that the recommended application rates and specific seed mix meets the intended surface stabilization goals for erosion control and the revegetation success rates.

b. The re-application of topsoil and revegetation process shall be inspected by a qualified professional during site reclamation.

c. The Community Development Director shall monitor the revegetation as part of the annual review, or as needed. The success of revegetation shall be evaluated and determined by the County.

State of California Version: 2-5-18DEPARTMENT OF CONSERVATION

DIVISION OF MINE RECLAMATIONPage 1 of 12

(Date):

Date:

Most Recent Approved Financial Assurance Cost Estimate

Date:

Amount of existing Financial Assurance Mechansim(s)

Date:

26-Jul-18

Aug-17

17-Jun-17

410,254.88

410,300

Amount: $

Amount: $

A new or amended reclamation plan

An annual mine inspection performed on

Other: Please Specify:

Reclamation Plan #/Name SMP-30

06/28/2018

approved on (Date):11555 Dublin Blvd.

Prepared by: (Name & Affiliation) This financial assurance cost estimate prepared and submitted pursuant to (choose one) :

DeSilva Gates Aggregates

Dublin, CA 94568

(Mine Name)

01-0007

FACE‐1 (01‐17)

FINANCIAL ASSURANCE COST ESTIMATE

FOR

DESILVA GATES AGGREGATES (SMP-30)

BETA Excel Version of the FACE-1 Financial Assurance Cost Estimate Form.Please contact DMR if errors are found in this document.

CA Mine ID # 91-


DIVISION OF MINE RECLAMATIONFACE‐1 (01‐17) Page 2 of 12

I. SUPPORTING DOCUMENTS

Other Agency Financial Assurances Securing Reclamation of Disturbed Lands

Attachments:

Equipment Rates used in Cost Estimates* (use current 'Labor Surchage and Equipment Rental Rates (Cost of Equipment Ownership)' equipment rates published by Caltrans (http://www.dot.ca.gov/hq/construc/equipmnt.html) or other publicly available and verifiable local rates)

Equipment Production Rates used in Cost Estimate (Use of current Caterpillar Performance Handbook or equivalent published production rates is required)

*Many mine sites are remote projects that require hours of travel (to and from) and sometimes require additional time to prepare for even the simplest of tasks. In accordance with labor Code Sections 1773.1 and 1773.9, contractors are required to make travel and/or subsistence (per diem) payments to each worker to execute the work. These arrangements can be quite variable and site specific.

Reclamation Plan Approval Date and Number

This estimate represents the cost of conducting and completing reclamation in accordance with the Surface Mining and Reclamation Act (SMARA) and the following supporting documents:

Permits and/or Environmental Documents Approved as, or Conditional upon, the Reclamation Plan

Wage Rates used in Cost Estimate* (cost estimates are required to use current 'General prevailing wage determinations made by the director of industrial relations' where applicable (http://www.dir.ca.gov/OPRL/PWD/index.htm) with employer labor burden added, or greater)

SMP-30

N/A

SMP-30 Reclamation Plan Amendment, 2012

State of California Department of Industrial Relations, 2018‐1 Index for Northern California basic trade journeymen rates.

State of California Transportation Agency, Department of Transportation Division of Contraction Labor Surcharge and Equipment Rental Rates, Effective April 1, 2018 through March 31, 2019.

Caterpillar Performance Handbook

Attachment A, "Salvage, Scrap Values & Dismantling Demolishing Cost"



IV. Description/Justification of Cost Increase/Decrease

(i.e., increase of disturbed acres, increase of depth, increases in amount of equipment and/or facilities, required corrective actions, etc.)

(add additional pages as needed)

II. Description of Current Site Conditions(i.e., disturbed acres, slope conditions, excavation depths, topsoil and overburden stockpiles, equipment and facilities, reclamation in progress, erosion control

status, required corrective actions, etc.)

III. Description of Anticipated Site Conditions (12 months from date of estimate)

SMP-30 has been in operation since the 1960s. A sediment pond located in the northeastern portion of the property is currently being used for deposition of fines. Material is currently being excavated from the existing pit in the southern portion of the property. This pit has been in operation for decades. A pit has been mined out in the northern portion of the property, northwest of the power transmission lines. This pit is now used for water storage. Topsoil has been stockpiled north of the sediment pond.

No significant changes are anticipated in the next 12 months.

Cost increase due to change in equipment and labor rates.



V. PLANT STRUCTURES AND EQUIPMENT REMOVAL ( use multiple sheets as needed)

Current Site Condition:

Reclamation Plan Performance Standard (End Use):

Equipment on site wholly owned by operator?: YES NO

Provide documentation showing that rates, prices, and wages are available locally to all persons, including the lead agency and/or the Department.

(if no, please provide the name/s and contact information for any lien holder)

Describe tasks:

Active mine with active slopes, disturbed areas with crushing, screening equipment and asphalt plant.

Water storage and watershed

Dismantle, removal and general site clearing utilizing a third party contractor.

State of California 2-5-18DEPARTMENT OF CONSERVATION


$/Unit Cost ($)

$2,429,986.00 $2,429,986

$0.00 $0

$0.00 $0

$0.00 $0

$0.00 $0

Total Equipment Cost for this Task = $2,429,986

$/Unit(incl labor burden) Cost ($)

$0.00 $0

$0.00 $0

$0.00 $0

$0.00 $0

$0.00 $0

Total Labor Cost for this Task = $0

Type of Material

Unit Cost Basis Cost ($)

$0.00 $0

$0.00 $0

$0.00 $0

$0.00 $0

$0.00 $0

Total Materials Cost for this Task = $0

Equipment Cost + Labor Cost + Demolition Cost = $2,429,986

Net Salvage Value = $ 14,798,316.00

Total Cost of Structure and Equipment Removal = $0

Equipment

1.0

$0.00

$0.00

Labor Category # of Units

1.0

# of Units

1.0

1.0

1.0

Structure/Equipment to be removed

1.0

V. PLANT STRUCTURES & EQUIPMENT REMOVAL (cont.)

Version:

DISMANTLE, REMOVAL AND GENERAL SITE CLEARING

( Describe Reclamation Activity Being Estimated )

E. Net Salvage Value* (Supported by properly prepared third party estimate, bid, or cost calculation)

F. Total Cost of Structure and Eqjuipment Removal (Subtract Line D from Line E)

*Note: Salvage value may only be used to offset the direct cost of removing the single item for which salvage value is being claimed. Salvage value shall not be used to offset any other demolition, general cleanup, or reclamation costs.

$0.00

NOTE: Above Total Cost will display $0.00 if net of entered removal costs and salvage value is negative.

$0.00

1.0

1.0

1.0

D. Total Direct Cost of Structure and Equipment Removal (Sum of A+B+C)

Disposal Cost

$0.00

C. Demolition - List all structures and equipment to be dismantled or demolished and removed from site

Volume/Quantity

0.00

0.00

0.00

0.00

0.00

B. Labor - List all labor categories to complete identified task

1.0

See Attachment A for complete list of equipment and cost breakdown.

Methods to be used:A. Equipment ‐ List equipment required to complete identified task (for large reclamation jobs separate

mine areas)

State of California Version:DEPARTMENT OF CONSERVATION


2-5-18


Current Site Conditions:

VI. PRIMARY RECLAMATION ACTIVITY Use multiple sheets as necessary to estimate the cost of each activity required. Provide ocumentation showing that rates, prices, and wages are available

locally to the lead agency and/or the Department if necessary.

Provide Quantities:Overbudren and topsoil, cut and fill, import or export (cubic yards), area (acres), haul distance (feet), equipment production rates (cubic yards/hour, or as applicable), etc.

Describe tasks, methods, equipment, etc: Decompaction, cut, fill, haul, slope reduction, compaction, grading, topsoil placement, drainage work, soil amendment, special requirements, etc. Separate sheets may be used for each task if necessary.

Some disturbed areas will require topsoil and some grading.

Water storage and watershed.

A 623 scraper will be used to load, haul, and spread 19,000 cubic yards from the topsoil stockpile to the East Basin (21 acres). The average haul length is 1,000 feet one way.

19,000 cubic yards over 21 acres.



Equipment $/Unit # of Units Cost ($)

$142.33 30.0 $4,270

$100.75 30.0 $3,023

$58.85 30.0 $1,766

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0

Total Equipment Cost for this Task = $9,058

Labor Category$/Unit

(incl labor burden) # of Units Cost ($)

$71.06 30.0 $2,132

$71.06 30.0 $2,132

$58.87 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0

Total Labor Cost for this Task = $4,264

Item Quantity Cost ($)

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0


Equipment Cost + Labor Cost + Materials Cost = $13,322

$/Unit(incl sales tax)

Operating Engineer - Scraper

Operating Engineer - Grader

Truck Driver

(NOTE: no automatic calculations occur to data in this upper table)N/A

N/A

( Describe Reclamation Activity Being Estimated)

COVER EAST BASIN WITH 6' OF TOPSOIL AND REGRADEVI. PRIMARY RECLAMATION ACTIVITY (cont.)

D. Total Direct Cost for this task

A. Equipment - List equipment to complete identified task (for large reclamation jobs separate mine areas)

Caterpillar 623 Scraper (CAT-1700)

Caterpillar 14G Road Grader (CAT-3180)

Haul Distance (ft): Topsoil (cy): 190,000 cy. yds.Production Rate (cy/hr):

1,000

FACE‐1 (01‐17)

Acres: Overburden (cy):

Methods to be used:

21

B. Labor - List all labor categories to complete identified tasks

Water Truck (T&TT-48-60)

C. Materials - List all materials required to complete identified task

N/A




$100.75 16.0 $1,612

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0


Labor Category$/Unit

(incl labor burden) # of Units Cost ($)

$71.06 16.0 $1,137

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0


Item Quantity Cost ($)

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0



FACE‐1 (01‐17)

SCARIFY COMPACTED AREAS SURROUNDING THE BASINSVI. PRIMARY RECLAMATION ACTIVITY (cont.)

Caterpillar 14G Motor Grader (CAT-3180)

( Describe Reclamation Activity Being Estimated)

Acres: 125 Overburden (cy): NA

Haul Distance (ft): NA Topsoil (cy): NAProduction Rate (cy/hr): 8 acres/hour (NOTE: no automatic calculations occur to data in this upper table)

Methods to be used:A. Equipment - List equipment to complete identified task (for large reclamation jobs separate mine areas)

B. Labor - List all labor categories to complete identified tasks

Operating Engineer

C. Materials - List all materials required to complete identified task $/Unit(incl sales tax)

NA




Current Site Condition:


Describe Tasks:

2-5-18

VII. REVEGETATION (use multiple sheets as needed)

Provide documentation showing that rates, prices, and wages are available locally to the lead agency and/or the Department.

Some disturbed areas requiring revegetation along shoreline.

Water storage and watershed.

Perform Broadcast Seeding according to seed Mix 1 or 2 in Reclamation Plan with Fertilizer (16‐20‐0; density of 500 pounds per acre) Apply clean straw (4,000 pounds per acre) as mulch.



Methods to be used:


$24.98 100.0 $2,498

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0


$/Unit(incl labor burden) # of Units Cost ($)

$58.87 200.0 $11,774

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0

$0.00 0.0 $0


C. Materials - List all materials required to complete identified task

Unit of measure Quantity

$/Unit(incl sales tax) Cost ($)

Bales 4,790.00 $7.69 $36,835

Pounds 21,250.00 $3.75 $79,688

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0

0.00 $0.00 $0

Total Materials Cost for this Task = $116,523


Straw

FACE‐1 (01‐17)

Truck Driver

Pick-up Truck (T&TT-06-12)

Item/Plant Species

Labor Category

B. Labor - List all labor categories to complete identified task.

EROSION CONTROL/GRASSLAND BROADCAST SEEDING

( Describe Revegetation Activity Being Estimated)

VII. REVEGETATION (cont.)

A. Equipment - List equipment to complete identified task. (For large reclamation jobs separate mine areas)


Seed Mix



VIII. MISCELLANEOUS COSTS (use multiple sheets as needed)

Item/Task Quantity $/Unit Cost ($)

272.0 $24.98 $6,795

272.0 $150.00 $40,800

16.0 $39.96 $639

448.0 $24.98 $11,191

16.0 $58.87 $942

1,344.0 $51.24 $68,867

400.0 $7.69 $3,076

1,800.0 $3.75 $6,750

0.0 $0.00 $0

0.0 $0.00 $0

Total Miscellaneous Costs = $139,059

Monitoring Task $/Visit # Visits/Year# of Monitoring

Years Cost ($)

$0.00 0.0 0.0 $0

$0.00 0.0 0.0 $0

$0.00 0.0 0.0 $0

$0.00 0.0 0.0 $0

$0.00 0.0 0.0 $0

$0.00 0.0 0.0 $0

$0.00 0.0 0.0 $0

Total Monitoring Costs = $0

Maintenance - Flatbed Truck (T&TT-28-36)

Provide documentation showing that rates, prices, and wages are available locally to all persons, including the lead

agency and/or the Department.

Examples of this type of costs may include temporary storage of equipment and materials off site, special one‐time

permits (i.e. transportation permits for extra wide overweight loads, etc.), decommissioning a process mill (i.e.

decontamination of equipment), disposal of warehouse inventories, well abandonnment, remediation of fueling and

waste oil storage sites, septic system removal, costs to prepare closure and monitoring reports, site security, preserving

potable water and maintaining utilities, etc.

Monitoring - Pick-up Truck (T&TT-06-12)

Monitoring - Inspector

Maintenance - Pick-upTruck (T&TT-06-12)

Maintenance - Truck Driver (Flatbed Truck)

Maintenance - Laborer

Maintenance - Straw (pounds)

Maintenance - Seed Mix (pounds)

See Miscellaneous Costs

IX. MONITORING COSTS

Monitoring: Monitoring will include comparing the quantified measures of vegetative cover, density, and species‐richness. Monitoring data will include a list of species present, plant cover and the compostion estimates, and an evaluation of erosion control effectiveness. Performance standards to be met according to the approved reclamation plan. Remedial actions will be implemented if the performance standards are not acheived. Remedial actions include reseeding bare areas, and or weed control.

Maintenance: Broadcast seeding.


DIVISION OF MINE RECLAMATION

FACE‐1 (01‐17) Page 12 of 12

(V) Total of all Plant Structures & Equipment Removal Costs $ 0

(VI) Total of all Primary Reclamation Activities Costs $ 16,070

(VII) Total of all Revegetation Costs $ 130,795

(VII) Total of all Miscellaneous Costs $ 139,059

(IX) Total of all Monitoring Costs $ 0

Total of Direct Costs $ 285,925

(A) Supervision ( 5.3 %) $ 15,117

(B) Profit/Overhead ( 10.7 %) $ 30,698

(C) Contingencies ( 10.0 %) $ 28,592

(D) Mobilization ( 3.0 %) $ 8,578

Total of Indirect Costs $ 82,985

Total of Direct and Indirect Costs $ 368,910

12% $ 44,269

Total Estimated Cost of Reclamation $ 413,179

2-5-18

(E) Lead Agency and/or Dept. of Conservation Administrative Costs

X. SUMMARY OF COSTSThis section shall be used to summarize all the cost sheets in one place.

XI. SUPERVISION / PROFIT & OVERHEAD / CONTINGENCIES / MOBILIZATION

ATTACHMENT A SALVAGE, SCRAP VALUES & DISMANTLING DEMOLISHING

COST

State of California CA MINE ID# 91-01-0007DEPARTMENT OF CONSERVATION MINE NAME SUNOLONLINE MINING OPERATION ANNUAL REPORT SMARA Lead Agency County of AlamedaMRRC-2

THIS REPORT MUST BE SENT TO: LEAD AGENCY SUBMITTED TO DEPARTMENT OF CONSERVATION ON: 06/15/2018Page 1 of 4

1. Company Operating Mailing Address Telephone Email Address Contact PersonOLIVER DE SILVA INC.DBA SUNOLAGGREGATES

P.O. BOX 2909, DUBLIN, CA - 94568

(925) 292-2991 [email protected] Alan French

2. Designated Agent Mailing Address Telephone Email AddressJIM SUMMERS 11555 DUBLIN

BOULEVARD, DUBLIN, CA - 94568

(925) 828-7999 [email protected]

3. Owner of MiningOperation

Mailing Address Telephone Email Address

OLIVER DE SILVA INC.DBA SUNOLAGGREGATES

P.O. BOX 2922, DUBLIN, CA - 94526

(925) 292-2991 [email protected]

Was this operationg purchased by you during the 2017 reporting year?

Was this operationg sold by you during the 2017 reporting year?

Yes. Date of purchase: No. Yes. Date of sale: No.

4. Land Owner Mailing Address Telephone CountrySAN FRANCISCO CITY &COUNTY WATERDEPARTMENT

425 MASON STREET, SAN FRANCISCO, CA - 94101

(415) 391-3377

Assessor's Parcel No.(s) 96-80-8; 96-375-11-5 ,

5. Status of Mining Operation DURING THE 2017 REPORTING YEARNewly permitted; date permitted: Active.Idle; date operation became idle: If idle, complete the following:

Copy of approved Interim Management Plan is attached. Interim Management Plan is pending with the Lead Agency; date submitted:

Closed with no intent to resume; date mining ceased: Closed - reclamation certified complete by the Lead Agency; date of certification:

6. Status of Reclamation Activities DURING THE 2017 REPORTING YEARReclamation not started.Reclamation in progress.Reclamation certified complete by the Lead Agency.

Date reclamation was certified complete: Date financial assurances were released:



7. Inspections(a) Date of most recent inspection: 08/02/2017(b) Did you receive a copy of the most recent inspection report form (as noted in 7(a) above)?

Yes. Copy as required by Public Resources Code 2207(a)(8). 91010007_20180614_1307_Inspection Report_91-01-0007_Sunol Aggregates (SMP-30) 2017 SMARAInspection Report_Submittal.pdfNo. Explain:

(c) Requested date for the next Annual Inspection by the Lead Agency (must be within 12 months of the most recently conductedAnnual Inspection). Date requested: 06/28/2018

8(a). Does this site have an approved reclamation plan?Approved reclamation plan file details:

Number of acres subject to the reclamation plan: 308.00Yes. Approval date of the reclamation plan: 10/20/2016No. Please explain by checking one of the options below, as applies.

Approval pending. Date submitted to the Lead Agency: Lead Agency action on intial or amended reclamation plan on appeal with the State Mining and Geology Board.Date appeal submitted: Other. (explanation required if checked):

8(b). Were there any amendments to the reclamation plan during the 2017 reporting year?Yes. Amendment(s) to the reclamation plan were approved during the 2017 reporting year. Date approved: Amendments reclamation plan file details:No.

9(a). Was a financial assurance cost estimate approved by the Lead Agency during the 2017 reporting year?Yes. Date of approval: 10/06/2017No. Approval of financial assurance cost estimate pending with the Lead Agency. Date submitted: No. Explain:

9(b). Was a new or updated financial assurance mechanism(s) approved by the Lead Agency and the Department of Conservationduring the 2017 reporting year?

Yes. Date of approval: 11/20/2017No. Approval pending financial assurance mechanism(s). Date submitted to the Lead Agency: No. Lead Agency action on financial assurance mechanism(s) is on appeal with the State Mining and Geology Board. Dateappeal submitted: No. Other, explain:

9(c). Complete information below for financial assurance mechanism(s):Type (Bond, CD, etc.) Amount Date Posted Date of Annual Review by

the Lead AgencyExpiration Date orRenewal Date (if

applicable)BOND $410,300.00 06/17/2010 10/04/2017 06/17/2018



10. Attach named U.S. Geographical Survey Map - 7.5' or 15' Quad - showing boundaries of mining operation.Latitude

(Decimal Degree)Longitude

(Decimal Degree)Section-Township-Range-Base Meridian Quad Name County

37.5661 121.8669 2 - 4S - 1E - MOUNT DIABLO LA COSTA VALLEY ALAMEDA

11. Code type(s) of mining operation:Types of Mining OperationOPEN PIT

12. Disturbed Acreage1. 308.00 Approximate disturbed acreage on Jan 1, 2017. (This figure should match the figure from item 12, line 5 on your

2016 annual report. If it does not match, explain below.)Explain:

2. 15.00 Approximate acreage disturbed during 2017.3. 323.00 (ADD LINE 1 TO LINE 2)4. 0.00 Approximate disturbed acreage reclaimed during 2017.5. 323.00 (SUBTRACT LINE 4 FROM LINE 3) Approximate disturbed acreage remaining on December 31, 2017.

13. Acres (Check all that apply)Acres permitted: 323.00Acres vested (acres disturbed prior to January 1, 1976): Acres on federal lands:

14. Current total assessed value of mining operation as established by County Assessor's Office: $35,608,794.00

15. Commodities and ProductionA. Primary Commodity

Commodity Amount of Production Unit of MeasureSAND AND GRAVEL 1,172,947.00 SHORT TONS

B. All Other Commodities (include gold and silver produced if not primary commmodity)Commodity Amount of Production Unit of Measure

16. Fee ScheduleA. PRODUCTION CODE IB. REPORTING FEE $8,000.00

LATE FEE AND INTERESTLater than July 3, 2017, a penalty of not less than $100 or 10% of the Reporting Fee due, whichever is greaterwill be assessed.

$0.00

1.5% per month, computed from the delinquent date of the assessment until and including the date ofpayment,shall be assessed (PRC Section 2207(d)(5)).

$0.00

GOLD AND SILVER FEEC. GOLD FEE ( Ounce(s) of gold) x ($5.00 per ounce) $0.00D. SILVER FEE ( Ounce(s) of silver) x ($0.10 per ounce) $0.00

TOTAL FEES DUE; SUM of 16(B), (C) AND (D) $8,000.00



17. Submitted By:Name (Please print): ALAN R. FRENCH

Mailing Address: PO BOX 2909, DUBLIN, CA - 94568Telephone Number: (925) 292-2991

I certify that the information submitted herein is complete and accurate (failure to submit complete and accurate requisite information mayresult in an administrative penalty as provided for in Public Resources Code Section 2774.1).

SIGNATURE OF SUBMITTER : Alan French DATE : 06/15/2018TITLE OF SUBMITTER : GENERAL MANAGER EMAIL ADDRESS : [email protected]

Additional comments or explanations:

9b. DMR did not comment 45 days after Alameda County submitted the FACE on October 4, 2017 therefore acceptance date was November11, 2017. We were notified by the County on February 14, 2018 for clarification.


ATTACHMENT E

DeSilva Gates Aggregates - Sunol Facility

Fugitive Dust Control Plan

Sources and Mitigations

Fugitive Dust Mitigation Control Measures

This section presents mitigation measures to control sources of fugitive dust.

1. Disturbed open areas and unpaved roads – Fugitive dust emissions from disturbed open areas and unpaved roads will be controlled during business hours with the following mitigation measures. Inactive areas are defined as areas not having vehicular traffic for more than 7 days.

a) Accessed open areas and unpaved roads shall be watered, as needed, to maintain adequate wetness.

b) At inactive areas, the exposed soils will be stabilized by the use of water, aggregate and / or approved non-toxic soil stabilizers.

c) At inactive areas, limit vehicular access to these designated areas through the use of signage and vehicular access barricades.

d) Reestablish ground covering on the disturbed area as soon as possible through use of aggregates, berms or permanent blockage in combination with hydroseeding or seeding and watering.

e) Use of aggregated material to control and stabilize soil in limited vehicular locations.

2. An operational water truck will be onsite during business hours to prevent fugitive dust emissions.

a) Apply water to control dust frequently or as needed to prevent visible emissions and offsite dust impacts from all mining, aggregate plant operations.

b) Water truck operations may be curtailed during wet and incumbent weather.

3. Active Storage Piles – Fugitive dust emissions from active storage piles will be controlled with the following mitigation measures. NOTE: material may be defined as “dry” with less than 5% moisture content.

a) Water and/or soil stabilizers will be employed to reduce windblown dust fugitive

emissions. Water may be supplied by mobile water truck operations and / or temporary / permanent water spray equipment.

b) In areas around the storage piles, the soils will be stabilized by the use of water, aggregate and / or approved non-toxic soil stabilizers.

4. All transfer processes involving a free fall of any mined, purchased or manufactured materials – these operations and processes may involve fixed or mobile equipment. Examples are stockpiling from belt (tripper) conveyors, front end loading of materials to vehicular transport and bin transfer to vehicular transport. Fugitive dust emissions will be controlled with the following mitigation measures.

a) Installation of temporary or permanent water sprays systems. b) For infrequent material transfer operations, water truck may be incorporated to

increase material moisture content and / or suppress fugitive dust emission from transfer operation.

5. Track-out Prevention and Control

a) Any visible track-out on the paved roadway between the plant entrance and the facility boundary will be removed using a street sweeper on a daily basis.

6. Paved plant and public roads shall be swept frequently.

a) 3rd party street sweeper utilization on Calaveras Road on a daily basis or as needed.

7. Minimize, maintain and enforce vehicle traffic speeds on paved and unpaved roads, or any other location within the facility.

a) Speed limit is a maximum of 10 mph at any and all facility locations. b) Calaveras Road posted 50 mph speed limit

8. Material handling equipment

9. The facility employs a variety of dust mitigation techniques to prevent fugitive dust, such as spray bars on conveyors and shrouds on drop points.

10. Housekeeping and material cleanup a) All housekeeping activities are to be performed so as to minimize fugitive dust

emission. b) Plant personnel will be trained on techniques and Best Management Practices

(BMPs) to avoid fugitive dust emissions.


ATTACHMENT F

SMP-30 - Shop Covers

meala

Polygon

meala

Polygon

meala

Callout

HMA Plant Shop Cover is 40'Lx65'Wx24.5'H Approx. 1,500' from Calaveras Road

meala

Callout

Rock Plant Shop Cover is 40'Lx75'Wx26'H Approx. 900' from Calaveras Road